The Employment and Support Allowance Regulations (Northern Ireland) 2008

Circumstances where the condition that the assessment phase has ended before entitlement to the support component F1 ...arises does not apply N.I.

7.—(1) Subject to paragraph (2), [F2 ections 2(2)(a) and 4(4)(a)] of the Act do not apply where—

(a) a claimant is terminally ill and has either—

(i) made a claim expressly on the ground of being terminally ill, or

(ii) made an application for supersession or revision in accordance with the Decisions and Appeals Regulations which contains an express statement that the claimant is terminally ill; F3 ...

[F4 (b) the case is a relevant linked case;]

(c) (i) the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end;

(ii) in relation to that entitlement to income support, immediately before it ended the claimant’s applicable amount included the disability premium by virtue of satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations, and

(iii) that entitlement to income support ended solely by virtue of the coming into operation, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) [F5 2016] [F6 ; or

(d) the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act(further entitlement after time-limiting).]

[F7 (1A) For the purposes of paragraph (1)(b) a relevant linked case is a case mentioned in paragraph (1B) where a period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1)F8 ....

(1B) Paragraph (1A) applies to the following cases—

(a) case 1 is where—

(i) the claimant was entitled to an employment and support allowance (including entitlement to a component under [F9 sections 2(2) and 4(4)] of the Act) in the earlier period of limited capability for work, and

(ii) the previous period for which the claimant was entitled to an employment and support allowance was terminated other than by virtue of a determination that the claimant did not have limited capability for work;

(b) case 2 is where—

(i) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

(iii) the previous period for which the claimant was entitled to an employment and support allowance was terminated by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and

(iv) it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30;

(c) case 3 is where—

(i) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

(iii) the previous period for which the claimant was entitled to an employment and support allowance was terminated before it could be determined whether the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and

(iv) it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30; and

(d) case 4 is where—

(i) the claimant was entitled to an employment and support allowance (including entitlement to a component under [F10 sections 2(2) or 4(4)] of the Act) in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was terminated because it was determined that the claimant did not have limited capability for work or was treated as not having limited capability for work, and

(iii) it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30.]

(2) Paragraph (1)(b) does not apply [F11 to any period of limited capability for work to which regulation 147A(2) applies until the determination of limited capability for work has been made following the determination of the appeal by the appeal tribunal] .

Textual Amendments

F1 Words in reg. 7 heading omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(2)(a) (with Sch. 2)

F2 Words in reg. 7(1) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(2)(b) (with Sch. 2)

F3 Word in reg. 7(1)(a) omitted (2.12.2008) by virtue of The Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/478), regs. 1(1), 12(a)

F4 Reg. 7(1)(b) substituted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012 (S.R. 2012/160), regs. 1, 2(3)(a)

F5 Word in reg. 7(1)(c)(iii) substituted (16.1.2017) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/67), regs. 1(2), 6

F6 Reg. 7(1)(d) and word added (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 8(2)

F7 Reg. 7(1A)(1B) inserted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012 (S.R. 2012/160), regs. 1, 2(3)(b)

F8 Words in reg. 7(1A) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 4(4)

F9 Words in reg. 7(1B)(a)(i) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(2)(c)(i) (with Sch. 2)

F10 Words in reg. 7(1B)(d)(i) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(2)(c)(ii) (with Sch. 2)

F11 Words in reg. 7(2) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), regs. 1, 9(6)(b)

Commencement Information

I1 Reg. 7 in operation at 27.10.2008, see reg. 1(1)