The Employment and Support Allowance Regulations (Northern Ireland) 2008

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Rounding of fractions

3. PART 2 THE ASSESSMENT PHASE

   1. 4. The end of the assessment phase

   2. 5. The assessment phase – previous claimants

   3. 6. The assessment phase – claimants appealing against a decision

   4. 7. Circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply

4. PART 3 CONDITIONS OF ENTITLEMENT – CONTRIBUTORY ALLOWANCE

   1. 8. Relaxation of the first contribution condition

   2. 9. Condition relating to youth – claimants aged 20 or over but under 25

   3. 10. Condition relating to youth – previous claimants

   4. 11. Condition relating to youth – residence or presence

   5. 12. Condition relating to youth – full-time education

   6. 13. Modification of the relevant benefit year

5. PART 4 CONDITIONS OF ENTITLEMENT – INCOME-RELATED ALLOWANCE

   1. 14. Meaning of education

   2. 15. Claimants to be treated as receiving education

   3. 16. Claimants not to be treated as receiving education

   4. 17. Course of study

   5. 18. Circumstances in which the condition that the claimant is not receiving education does not apply

6. PART 5 LIMITED CAPABILITY FOR WORK

   1. 19. Determination of limited capability for work

   2. 20. Certain claimants to be treated as having limited capability for work

   3. 21. Information required for determining capability for work

   4. 22. Failure to provide information in relation to limited capability for work

   5. 23. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work

   6. 24. Matters to be taken into account in determining good cause in relation to regulation 22 or 23

   7. 25. Hospital in-patients

   8. 26. Claimants receiving certain regular treatment

   9. 27. Claimant to be treated as having limited capability for work throughout a day

   10. 28. Night workers

   11. 29. Exceptional circumstances

   12. 30. Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made

   13. 31. Claimant who claims jobseeker’s allowance to be treated as not having limited capability for work

   14. 32. Certain claimants to be treated as not having limited capability for work

   15. 33. Additional circumstances where claimants are to be treated as having limited capability for work

7. PART 6 LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

   1. 34. Determination of limited capability for work-related activity

   2. 35. Certain claimants to be treated as having limited capability for work-related activity

   3. 36. Information required for determining capability for work-related activity

   4. 37. Failure to provide information in relation to work-related activity

   5. 38. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

   6. 39. Matters to be taken into account in determining good cause in relation to regulation 37 or38

8. PART 7 EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE

   1. 40. A claimant who works to be treated as not entitled to an employment and support allowance

   2. 41. Meaning of “remunerative work” for the purposes of paragraph 6(1)(e) of Schedule 1 to the Act

   3. 42. Meaning of “remunerative work” for the purposes of paragraph 6(1)(f) of Schedule 1 to the Act

   4. 43. Circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work

   5. 44. Claimants who are treated as not entitled to any allowance at all by reason of regulation 40(1) are to be treated as not having limited capability for work

   6. 45. Exempt work

   7. 46. Effect of work on entitlement to contributory allowance where claimant is receiving certain regular treatment

9. PART 8 CONDITIONALITY

   1. CHAPTER 1 Work-focused health-related assessment

      1. 47. Requirement to take part in a work-focused health-related assessment

      2. 48. Work-focused health-related assessment

      3. 49. Notification of assessment

      4. 50. Determination of the place of the work-focused health-related assessment

      5. 51. Taking part in a work-focused health-related assessment

      6. 52. Deferral of requirement to take part in a work-focused health-related assessment

      7. 53. Failure to take part in a work-focused health-related assessment

   2. CHAPTER 2 Work-focused interviews

      1. 54. Requirement to take part in a work-focused interview

      2. 55. Work-focused interview

      3. 56. Notification of interview

      4. 57. Taking part in a work-focused interview

      5. 58. Action plan

      6. 59. Deferral of requirement to take part in a work-focused interview

      7. 60. Requirement to take part in a work-focused interview not to apply

      8. 61. Failure to take part in a work-focused interview

      9. 62. Contracting out certain functions relating to work-focused interviews

   3. CHAPTER 3 Reduction of employment and support allowance

      1. 63. Reduction of employment and support allowance

      2. 64. Cessation of reduction

   4. CHAPTER 4 Notification

      1. 65. Notification under this Part

   5. CHAPTER 5 Modification of the Act in relation to claims to which section 5(1)(c) of theAdministrationActapplies

      1. 66. Modifications of the Act

10. PART 9 AMOUNTS OF ALLOWANCE

    1. CHAPTER 1 Prescribed amounts

       1. 67. Prescribed amounts

       2. 68. Polygamous marriages

       3. 69. Special cases

       4. 70. Special cases: supplemental – persons from abroad

       5. 71. Definition of non-dependant

    2. CHAPTER 2 Deductions from the contributory allowance

       1. 72. Permanent health insurance

       2. 72A. Financial Assistance Scheme

       3. 73. Councillor’s allowance

       4. 74. Deductions for pension payment and PPF payment

       5. 75. Payments treated as not being payments to which section 3 of the Act applies

       6. 76. Deductions for councillor’s allowance

       7. 77. Date from which payments are to be taken into account

       8. 78. Date from which a change in the rate of the payment takes effect

       9. 79. Calculation of payment made other than weekly

    3. CHAPTER 3 Statutory payments

       1. 80. Effect of statutory maternity pay on a contributory allowance

       2. 81. Effect of statutory adoption pay on a contributory allowance

       3. 82. Effect of additional statutory paternity pay on a contributory allowance

11. PART 10 INCOME AND CAPITAL

    1. CHAPTER 1 General

       1. 83. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

       2. 84. Income of participants in the self-employment route

       3. 85. Child maintenance and liable relative payments

       4. 86. Child support

       5. 87. Calculation of income and capital of students

       6. 88. Calculation of income which consists of earnings of participants in exempt work

       7. 89. Calculation of income where pension payments, PPF periodic payments or councillor’s allowance payable

    2. CHAPTER 2 Income

       1. 90. Calculation of income

       2. 91. Calculation of earnings derived from employed earner’s employment and income other than earnings

       3. 92. Calculation of earnings of self-employed earners

       4. 93. Date on which income is treated as paid

       5. 94. Calculation of weekly amount of income

    3. CHAPTER 3 Employed earners

       1. 95. Earnings of employed earners

       2. 96. Calculation of net earnings of employed earners

    4. CHAPTER 4 Self-employed earners

       1. 97. Earnings of self-employed earners

       2. 98. Calculation of net profit of self-employed earners

       3. 99. Deduction of tax and contributions for self-employed earners

    5. CHAPTER 5 Participants in the self-employment route

       1. 100. Interpretation

       2. 101. Treatment of gross receipts of participants in the self-employment route

       3. 102. Calculation of income of participants in the self-employment route

       4. 103. Deduction in respect of tax for participants in the self-employment route

    6. CHAPTER 6 Other income

       1. 104. Calculation of income other than earnings

       2. 105. Capital treated as income

       3. 106. Notional income – deprivation and income on application

       4. 107. Notional income – income due to be paid or income paid to or in respect of a third party

       5. 108. Notional income – other income

       6. 109. Notional income – calculation and interpretation

    7. CHAPTER 7 Capital

       1. 110. Capital limit

       2. 111. Calculation of capital

       3. 112. Income treated as capital

       4. 113. Calculation of capital in the United Kingdom

       5. 114. Calculation of capital outside the United Kingdom

       6. 115. Notional capital

       7. 116. Diminishing notional capital rule

       8. 117. Capital jointly held

       9. 118. Calculation of tariff income from capital

    8. CHAPTER 8 Child maintenance and liable relatives payments

       1. 119. Interpretation

       2. 120. Treatment of child maintenance or liable relative payments

       3. 121. Disregard of payments treated as not relevant income

       4. 122. Period over which periodical payments are to be taken into account

       5. 123. Period over which payments other than periodical payments are to be taken into account

       6. 124. Calculation of the weekly amount of a child maintenance or liable relative payment

       7. 125. Date on which a child maintenance or liable relative payment is to be treated as paid

       8. 126. Liable relative payments to be treated as capital

    9. CHAPTER 9 Child support

       1. 127. Treatment of child support maintenance

       2. 128. Calculation of the weekly amount of payments of child support maintenance

       3. 129. Date on which child support maintenance is to be treated as paid

       4. 130. Disregard of payments of child support maintenance treated as not relevant income

    10. CHAPTER 10 Students

        1. 131. Interpretation

        2. 132. Calculation of grant income

        3. 133. Calculation of covenant income where a contribution is assessed

        4. 134. Calculation of covenant income where no grant income or no contribution is assessed

        5. 135. Relationship with amounts to be disregarded under Schedule 8

        6. 136. Other amounts to be disregarded

        7. 137. Treatment of student loans

        8. 138. Treatment of payments from access funds

        9. 139. Treatment of fee loans

        10. 140. Disregard of contribution

        11. 141. Further disregard of student’s income

        12. 142. Student’s income treated as capital

        13. 143. Disregard of changes occurring during summer vacation

12. PART 11 SUPPLEMENTARY PROVISIONS

    1. CHAPTER 1 Miscellaneous

       1. 144. Waiting days

       2. 145. Linking rules

       3. 146. Advance awards

       4. 147. Recovery orders

    2. CHAPTER 2 Work or training beneficiaries

       1. 148. Work or training beneficiaries

       2. 149. Linking rules – limited capability for work

       3. 150. Linking rules – limited capability for work-related activity

    3. CHAPTER 3 Temporary absence from Northern Ireland

       1. 151. Absence from Northern Ireland

       2. 152. Short absence

       3. 153. Absence to receive medical treatment

       4. 154. Absence in order to receive health service treatment

       5. 155. Absence of member of family of member of Her Majesty’s forces

    4. CHAPTER 4 Membership of household

       1. 156. Circumstances in which a person is to be treated as being or not being a member of the household

13. PART 12 DISQUALIFICATION

    1. 157. Disqualification for misconduct, etc.

    2. 158. Meaning of “person in hardship”

    3. 159. Treating a claimant as not having limited capability for work

    4. 160. Exceptions from disqualification for imprisonment

    5. 161. Suspension of payment of a contributory allowance during imprisonment

14. PART 13 URGENT CASES

    1. 162. Urgent cases

    2. 163. Applicable amounts in urgent cases

    3. 164. Assessment of income and capital in urgent cases

15. PART 14 PERIODS OF LESS THAN A WEEK

    1. 165. Entitlement for less than a week – amount of an employment and support allowance payable

    2. 166. Relevant week

    3. 167. Modification in the calculation of income

    4. 168. Reduction in certain cases

    5. 169. Payment of a contributory allowance for days of certain regular treatment

16. Signature

17. 1. SCHEDULE 1

       Her Majesty’s forces

       1. PART 1 PRESCRIBED ESTABLISHMENTS AND ORGANISATIONS

          1. 1. Any of the regular naval, military or air forces of...

          2. 2. Royal Fleet Reserve.

          3. 3. Royal Navy Reserve.

          4. 4. Royal Marines Reserve.

          5. 5. Army Reserve.

          6. 6. Territorial Army.

          7. 7. Royal Air Force Reserve.

          8. 8. Royal Auxiliary Air Force.

          9. 9. The Royal Irish Regiment, to the extent that its members...

       2. PART 2 ESTABLISHMENTS AND ORGANISATIONS OF WHICH HER MAJESTY’S FORCES DO NOT CONSIST

          1. 10. Her Majesty’s forces are not to be taken to consist...

    2. SCHEDULE 2

       Assessment of whether a claimant has limited capability for work

       1. PART 1 PHYSICAL DISABILITIES

       2. PART 2 MENTAL, COGNITIVE AND INTELLECTUAL FUNCTION ASSESSMENT

    3. SCHEDULE 3

       Assessment of whether a claimant has limited capability for work-related activity

    4. SCHEDULE 4

       Amounts

       1. PART 1 PRESCRIBED AMOUNTS

          1. 1. The weekly amounts specified in column (2) in respect of...

       2. PART 2 PREMIUMS

          1. 2. Except as provided in paragraph 4, the weekly premiums specified...

          2. 3. An enhanced disability premium in respect of a person is...

          3. 4. (1) For the purposes of this Part of this Schedule,...

          4. 5. Pensioner premium

          5. 6. Severe disability premium

          6. 7. Enhanced disability premium

          7. 8. Carer premium

          8. 9. Persons in receipt of concessionary payments

          9. 10. Persons in receipt of benefit

       3. PART 3 WEEKLY AMOUNT OF PREMIUMS SPECIFIED IN PART 2

       4. PART 4 THE COMPONENTS

          1. 12. The amount of the work-related activity component is £24∙00.

          2. 13. The amount of the support component is £29∙00.

    5. SCHEDULE 5

       Special Cases

       1. PART 1 AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTION4(2)OFTHEACT

       2. PART 2 AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTIONS2(1)AND4(2)OF THE ACT

    6. SCHEDULE 6

       Housing Costs

       1. 1. Housing costs

       2. 2. Remunerative work

       3. 3. Previous entitlement to other income-related benefits

       4. 4. Circumstances in which a person is liable to meet housing costs

       5. 5. Circumstances in which a person is to be treated as occupying a dwelling as the home

       6. 6. Housing costs not met

       7. 7. Apportionment of housing costs

       8. 8. Existing housing costs

       9. 9. New housing costs

       10. 10. General exclusions from paragraphs 8 and 9

       11. 11. The calculation for loans

       12. 12. General provisions applying to new and existing housing costs

       13. 13. The standard rate

       14. 14. Excessive housing costs

       15. 15. Linking rules

       16. 16. Loans on residential property

       17. 17. Loans for repairs and improvements to the dwelling occupied as the home

       18. 18. Other housing costs

       19. 19. Non-dependant deductions

       20. 20. Continuity with income support, an income-based jobseeker’s allowance or state pension credit

    7. SCHEDULE 7

       Sums to be disregarded in the calculation of earnings

       1. 1. (1) In the case of a claimant who has been...

       2. 2. (1) In the case of a claimant to whom this...

       3. 3. If the claimant’s partner has been engaged in remunerative work...

       4. 4. In the case of a claimant who has been engaged...

       5. 5. In the case of a claimant who is undertaking work...

       6. 6. Where regulation 45(2), (3) or (4) applies to the claimant...

       7. 7. (1) In a case to which this paragraph applies, £20;...

       8. 8. Notwithstanding the foregoing provisions of this Schedule, where 2 or...

       9. 9. Any earnings derived from employment which are payable in a...

       10. 10. Where a payment of earnings is made in a currency...

       11. 11. Any earnings which are due to be paid before the...

       12. 12. In the case of a claimant who—

       13. 13. In the case of a person to whom regulation 6(5)...

       14. 14. In this Schedule— “part-time employment” means, if the person were...

    8. SCHEDULE 8

       Sums to be disregarded in the calculation of income other than earnings

       1. 1. Any amount paid by way of tax on income which...

       2. 2. Any payment in respect of any expenses incurred, or to...

       3. 3. In the case of employment as an employed earner, any...

       4. 4. In the case of a payment under Parts 11 to...

       5. 5. In the case of a payment under Parts 11 to...

       6. 6. Any guardian’s allowance.

       7. 7. (1) Any child tax credit. (2) Any child benefit.

       8. 8. Any mobility component of disability living allowance.

       9. 9. Any concessionary payment made to compensate for the non-payment of—...

       10. 10. Any mobility supplement or any payment intended to compensate for...

       11. 11. Any attendance allowance or the care component of disability living...

       12. 12. Any payment to the claimant as holder of the Victoria...

       13. 13. (1) Any payment by way of an education maintenance allowance...

       14. 14. (1) Any payment made pursuant to section 1 or 3...

       15. 15. (1) Subject to sub-paragraph (2) and paragraph 40, any relevant...

       16. 16. Subject to paragraphs 38 and 39, £10 of any of...

       17. 17. Where a claimant receives income under an annuity purchased with...

       18. 18. Any payment made to the claimant by a person who...

       19. 19. Where the claimant occupies a dwelling as the claimant’s home...

       20. 20. Where the claimant occupies a dwelling as the claimant’s home...

       21. 21. (1) Subject to sub-paragraphs (2) and (3), except where regulation...

       22. 22. (1) Any income derived from capital to which the claimant...

       23. 23. Any income which is payable in a country outside the...

       24. 24. Where a payment of income is made in a currency...

       25. 25. (1) Any payment made to the claimant in respect of...

       26. 26. In the case of a claimant who has a child...

       27. 27. Any payment made by— (a) an authority to a person...

       28. 28. Any payment made to the claimant or the claimant’s partner...

       29. 29. (1) Any payment made by an authority under Article 18,...

       30. 30. (1) Subject to sub-paragraph (2), any payment received under an...

       31. 31. (1) Except where paragraph 30 or 32 applies, and subject...

       32. 32. (1) Subject to sub-paragraph (2), any payment received under an...

       33. 33. (1) Subject to sub-paragraphs (2) and (3), in the case...

       34. 34. Any social fund payment made pursuant to Part 8 of...

       35. 35. Any payment of income which under regulation 112 (income treated...

       36. 36. Any payment under Part 10 of the Contributions and Benefits...

       37. 37. Any payment which is due to be paid before the...

       38. 38. The total of a claimant’s income or, if the claimant...

       39. 39. Notwithstanding paragraph 38 where 2 or more payments of the...

       40. 40. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       41. 41. Any payment made by the Department to compensate for the...

       42. 42. Any payment made to a juror or a witness in...

       43. 43. Any payment in consequence of a reduction of liability for...

       44. 44. (1) Any payment or repayment made under regulation 5, 6...

       45. 45. Any payment made to such persons entitled to receive benefits...

       46. 46. Any payment made under a scheme established by the Secretary...

       47. 47. Any payment (other than a training allowance) made under the...

       48. 48. Any supplementary pension under Article 23(2) of the Naval, Military...

       49. 49. Where the claimant is in receipt of any benefit under...

       50. 50. In the case of a pension awarded at the supplementary...

       51. 51. (1) Any payment which is— (a) made under any of...

       52. 52. Any payment made under regulations made under section 8 of...

       53. 53. (1) Any payment specified in sub-paragraph (2) to a claimant...

       54. 54. (1) Subject to sub-paragraph (2), in the case of a...

       55. 55. Any payment made with respect to a person on account...

       56. 56. (1) Any payment of a sports award except to the...

       57. 57. (1) Subject to sub-paragraph (3), any payment of child maintenance...

       58. 58. In the case of a person to whom regulation 6(5)...

       59. 59. Any discretionary housing payment paid pursuant to regulation 2(1) of...

       60. 60. Any payment made by the Housing Executive to or on...

       61. 61. Any housing benefit to which the claimant is entitled.

    9. SCHEDULE 9

       Capital to be disregarded

       1. 1. The dwelling occupied as the home but, notwithstanding regulation 83...

       2. 2. Any premises or land acquired for occupation by the claimant...

       3. 3. Any sum directly attributable to the proceeds of sale of—...

       4. 4. Any premises or land occupied in whole or in part...

       5. 5. Where a claimant has ceased to occupy what was formerly...

       6. 6. Any premises or land where the claimant is taking reasonable...

       7. 7. Any premises or land which the claimant intends to occupy...

       8. 8. Any premises or land which the claimant intends to occupy...

       9. 9. Any future interest in property of any kind, other than...

       10. 10. (1) The assets of any business owned in whole or...

       11. 11. (1) Subject to sub-paragraph (2), any arrears of, or any...

       12. 12. Any sum— (a) paid to the claimant in consequence of...

       13. 13. Any sum— (a) deposited with a housing association as a...

       14. 14. Any personal possessions except those which had or have been...

       15. 15. The value of the right to receive any income under...

       16. 16. Where the funds of a trust are derived from a...

       17. 17. (1) Subject to sub-paragraph (2), any payment made to the...

       18. 18. The value of the right to receive any income under...

       19. 19. The value of the right to receive any income which...

       20. 20. The surrender value of any policy of life insurance.

       21. 21. Where any payment of capital falls to be made by...

       22. 22. (1) Any payment made by an authority under Article 18,...

       23. 23. Any social fund payment made pursuant to Part 8 of...

       24. 24. Any refund of tax which falls to be deducted under...

       25. 25. Any capital which under regulation 105 or 137 (capital treated...

       26. 26. Where a payment of capital is made in a currency...

       27. 27. (1) Any payment made under the Macfarlane Trust, the Macfarlane...

       28. 28. The value of the right to receive an occupational or...

       29. 29. The value of any funds held under a personal pension...

       30. 30. The value of the right to receive any rent except...

       31. 31. Any payment in kind made by a charity or under...

       32. 32. Any payment made pursuant to section 1 of the Employment...

       33. 33. Any payment made under arrangements made by the Department to...

       34. 34. Any payment made to a juror or a witness in...

       35. 35. Any payment in consequence of a reduction of liability for...

       36. 36. Any grant made in Great Britain to the claimant in...

       37. 37. (1) Any payment or repayment made under regulation 5, 6...

       38. 38. Any payment made to such persons entitled to receive benefits...

       39. 39. Any payment made under a scheme established by the Secretary...

       40. 40. Any arrears of supplementary pension which is disregarded under paragraph...

       41. 41. Any payment (other than a training allowance) made under the...

       42. 42. (1) Any sum to which sub-paragraph (2) applies and—

       43. 43. Any payment to the claimant as holder of the Victoria...

       44. 44. In the case of a person who is receiving, or...

       45. 45. (1) Any payment of a sports award for a period...

       46. 46. Where an ex-gratia payment of £10,000 has been made by...

       47. 47. In the case of a person to whom regulation 6(5)...

       48. 48. (1) Any payment by way of an education maintenance allowance...

       49. 49. (1) Subject to sub-paragraph (2), the amount of any trust...

       50. 50. The amount of a payment, other than a war pension...

       51. 51. (1) Any payment made by the Housing Executive to or...

       52. 52. Any payment made under regulations made under section 8 of...

       53. 53. Any payment made to the claimant pursuant to regulations under...

       54. 54. Any payment made to the claimant in accordance with regulations...

       55. 55. Where an ex-gratia payment has been made by the Secretary...

18. Explanatory Note