The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

2.  The Employment and Support Allowance Regulations are to be read as if— N.I.

(a) any reference to a claimant were a reference to the notified person;

(b) Parts 2 (the assessment phase) and 3 (conditions of entitlement – contributory allowance) do not apply;

(c) regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) does not apply.

[F1 (ca) in regulation 70 (special cases: supplemental – persons from abroad), in the case of a person who is entitled to an existing award of income support and who is a person to whom regulation 6(1) of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004 applies, in paragraph (4)—

(i) the word “or” at the end of sub-paragraph (k) were omitted, and

(ii) at the end of sub-paragraph (l) there were added—

“or

(m) a person who is entitled to an existing award of income support where that person is a person to whom regulation 6(1) of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004 applies.”;]

(d) in regulation 75 (payments treated as not being payments to which section 3 of the Act applies)—

(i) the existing provisions were renumbered as paragraph (1),

(ii) at the end of that paragraph there were added—

“(g) any pension payment or PPF periodic payment which is made to a notified person and which falls within paragraph (2).”, and

(iii) after that paragraph there were added—

“(2) This paragraph applies to any pension payment or PPF periodic payment made to the notified person where, immediately before the effective date of the person’s conversion decision, section 30DD(1) of the Contributions and Benefits Act(1) (incapacity benefit: reduction for pension payments and PPF periodic payments)—

(a) did not apply to the notified person by virtue of regulation 25 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(2) (person whose benefit is not to be reduced under section 30DD(1)); or

(b) was not treated as applying to the notified person by virtue of—

(i) regulation 18(1)(c) or (2)(c) of those Regulations(3) (persons formerly entitled to severe disablement allowance); or

(ii) Article 3 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000(4) (transitional provision in relation to incapacity benefit).”.

(e) regulation 144 (waiting days) does not apply.

Textual Amendments

F1 Sch. 1 para. 2(ca) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(13)(b)

Commencement Information

I1 Sch. 1 para. 2 in operation at 1.10.2010, see reg. 1

(1)

Section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph (1) was substituted by paragraph 1(2) of the Schedule to S.R. 2006 No. 37

(2)

S.R. 1994 No. 461; regulation 25 was inserted by regulation 2(5) of S.R. 2000 No. 404

(3)

Regulation 18(1) and (2) was amended by regulation 3 of S.R. 2002 No. 86

(4)

S.R. 2000 No. 332 (C. 14); Article 3 was amended by Article 3 of S.R. 2001 No. 114 (C. 4)