The Employment and Support Allowance Regulations (Northern Ireland) 2008

Modification in the calculation of income N.I.

167.  For the purposes of regulation 165 (entitlement for less than a week – amount of an employment and support allowance payable), a claimant’s income and, in determining the amount payable by way of an income-related allowance, the income of any person which the claimant is treated as possessing under regulations made under section 17(3) of the Act, regulation 68 (polygamous marriages) or regulation 83 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), is to be calculated in accordance with Parts 10 (income and capital) and 13 (urgent cases) subject to the following modifications—

(a) any income which is due to be paid in the relevant week is to be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-related allowance, any jobseeker’s allowance, employment and support allowance, income support [F1 , universal credit] , maternity allowance, incapacity benefit or severe disablement allowance payable in the relevant week but not in respect of any day in the part-week is to be disregarded;

(c) the amount referred to as B in regulation 165(2) is to be disregarded;

(d) in determining the amount payable by way of a contributory allowance, any widow’s benefit, training allowance, widowed parent’s allowance, [F2 bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015] , carer’s allowance and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (unemployability supplement) which is payable in the relevant week but not in respect of any day in the part-week is to be disregarded;

(e) where the part-week occurs at the end of the claim—

(i) any income, or

(ii) any change in the amount of income of the same kind,

which is first payable within the relevant week but not on any day in the part-week is to be disregarded;

(f) where only part of the weekly balance of income is taken into account in the relevant week, the balance is to be disregarded.

Textual Amendments

F1 Words in reg. 167(b) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(6)

F2 Words in reg. 167(d) substituted (6.4.2017) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), arts. 1(2)(c), 25(3) (with arts. 2, 3)

Commencement Information

I1 Reg. 167 in operation at 27.10.2008, see reg. 1(1)