The Employment and Support Allowance Regulations (Northern Ireland) 2008

PART 2 N.I. PREMIUMS

2.  Except as provided in paragraph 4, the weekly premiums specified in Part 3 of this Schedule are, for the purposes of regulations 67(1)(b) and 68(1)(c), to be applicable to a claimant who satisfies the condition specified in paragraphs 5 to 8 in respect of that premium. N.I.

Commencement Information

I1 Sch. 4 Pt. 2 para. 2 in operation at 27.10.2008, see reg. 1(1)

3.  An enhanced disability premium in respect of a person is not applicable in addition to a pensioner premium. N.I.

Commencement Information

I2 Sch. 4 Pt. 2 para. 3 in operation at 27.10.2008, see reg. 1(1)

4.—(1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit— N.I.

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; and

(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act(2) or section 1(1) of the Employment and Training Act(3) or for any period during which the person is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.

Commencement Information

I3 Sch. 4 Pt. 2 para. 4 in operation at 27.10.2008, see reg. 1(1)

Pensioner premium N.I.

5.  The condition in respect of a pensioner premium is that the claimant or the claimant’s partner has attained the qualifying age for state pension credit.

Commencement Information

I4 Sch. 4 para. 5 in operation at 27.10.2008, see reg. 1(1)

Severe disability premium N.I.

6.—(1) The condition in respect of a severe disability premium is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant is to be treated as being a severely disabled person if, and only if—

(a) in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i) the claimant is in receipt of the care component,

(ii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing, and

(iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Contributions and Benefits Act(4) in respect of caring for the claimant;

(b) in the case of a claimant who has a partner—

(i) the claimant is in receipt of the care component,

(ii) the claimant’s partner is also in receipt of the care component or attendance allowance or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt of the care component or attendance allowance, and

(iii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing,

and, either a person is entitled to, and in receipt of, a carer’s allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance in respect of caring for either member of the couple or any partner of the polygamous marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii) and that partner is blind or severely sight impaired or is treated as blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.

(4) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account is to be taken of—

(a) a person receiving attendance allowance or the care component;

(b) subject to sub-paragraph (7), a person who joins the claimant’s household for the first time in order to care for the claimant or the claimant’s partner and, immediately before so joining, the claimant or the claimant’s partner was treated as a severely disabled person; or

(c) a person who is blind or severely sight impaired or is treated as blind or severely sight impaired.

(5) For the purposes of sub-paragraph (2)(b) a person is to be treated—

(a) as being in receipt of attendance allowance or the care component if the person would, but for the person being a patient for a period exceeding 28 days, be so in receipt;

(b) as being entitled to, and in receipt of, a carer’s allowance if the person would, but for the person for whom the person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

(6) For the purposes of sub-paragraph (2)(a)(iii) and (b), no account is to be taken of an award of carer’s allowance to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.

(7) Sub-paragraph (4)(b) is to apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(8) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance are to include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Social Security Fraud Act (Northern Ireland) 2001(5) (loss of benefit for commission of benefit offences).

(9) In this paragraph—

“blind or severely sight impaired” means certified as blind or severely sight impaired and in consequence the person is registered as blind or severely sight impaired in a register maintained by or on behalf of a Health and Social Services Board and a person who has ceased to be registered as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so registered;

“the care component” means the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.

Commencement Information

I5 Sch. 4 para. 6 in operation at 27.10.2008, see reg. 1(1)

Enhanced disability premium N.I.

7.—(1) Subject to sub-paragraph (2), the condition in respect of an enhanced disability premium is that—

(a) the claimant’s applicable amount includes the support component; or

(b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or, but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act in respect of—

(i) the claimant, or

(ii) the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit.

(2) An enhanced disability premium is not applicable in respect of—

(a) a claimant who—

(i) is not a member of a couple or a polygamous marriage, and

(ii) is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks; or

(b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 69(2) and has been for a period of more than 52 weeks.

Commencement Information

I6 Sch. 4 para. 7 in operation at 27.10.2008, see reg. 1(1)

Carer premium N.I.

8.—(1) Subject to sub-paragraphs (2) and (4), the condition in respect of a carer premium is that the claimant or the claimant’s partner is, or both of them are, entitled to a carer’s allowance under section 70 of the Contributions and Benefits Act.

(2) Where a carer premium is awarded but—

(a) the person in respect of whose care the carer’s allowance has been awarded dies; or

(b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer’s allowance,

the condition for the award of the premium is to be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).

(3) The relevant date for the purposes of sub-paragraph (2) is—

(a) where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance has been awarded or the date of death if the death occurred on a Sunday; or

(b) in any other case, the date on which the person who has been entitled to a carer’s allowance ceases to be entitled to that allowance.

(4) Where a person who has been entitled to a carer’s allowance ceases to be entitled to that allowance and makes a claim for an income-related allowance, the condition for the award of the carer premium is to be treated as satisfied for a period of 8 weeks from the date on which—

(a) the person in respect of whose care the carer’s allowance has been awarded dies; or

(b) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

Commencement Information

I7 Sch. 4 para. 8 in operation at 27.10.2008, see reg. 1(1)

Persons in receipt of concessionary payments N.I.

9.  For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 8, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.

Commencement Information

I8 Sch. 4 para. 9 in operation at 27.10.2008, see reg. 1(1)

Persons in receipt of benefit N.I.

10.  For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of the person and is to be so regarded only for any period in respect of which that benefit is paid.

Commencement Information

I9 Sch. 4 para. 10 in operation at 27.10.2008, see reg. 1(1)

(1)

S.R. 1979 No. 242

(2)

Sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986

(3)

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(4)

Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370 and Article 3 of S.R. 2002 No. 321

(5)

2001 c. 17 (N.I.); section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))