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The Welfare Reform (Northern Ireland) Order 2015
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This version of this provision is prospective.
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Changes to legislation:
The Welfare Reform (Northern Ireland) Order 2015, Section 67 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 67:
- specified provision(s) amendment to earlier commencing S.R. 2009/4 by S.R. 2019/107 art. 2
- specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/4 art. 5
- specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/7 art. 3
- specified provision(s) amendment to earlier commencing S.R. 2017/216 by S.R. 2018/1 art. 7
- specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pts. 2 5 modified by S.R. 2019/212 art. 2(2)(g) (This amendment not applied to legislation.gov.uk SR 2019/212 revoked (19.12.2020) by SR 2020/348, art. 1(2)(2))
- art. 56(1) repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
Prospective
Entitlement to work: employment and support allowanceN.I.
This section has no associated Explanatory Memorandum
67.—(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.
(2) In section 1 (employment and support allowance), in subsection (3), before paragraph (a) insert—
“(za)is entitled to be in employment in the United Kingdom,”.
(3) In that section, after subsection (3A) insert—
“(3B) For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—
(a)the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
(b)the person has been granted such leave and—
(i)the leave is not invalid,
(ii)the leave has not for any reason ceased to have effect, and
(iii)the leave is not subject to a condition preventing the person from accepting any employment.”
(4) In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by Article 60) insert—
“Entitlement to work in the United KingdomN.I.
4B. Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.”
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