The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025

Amendment of the Employment and Support Allowance Regulations

8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(1) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “last day of the course” insert—

““LGBT Financial Recognition Scheme payment” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;”;

(b) in the definition of “qualifying person”(2) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.

(3) In regulation 107(5A)(3) (notional income – income due to be paid or income paid to or in respect of a third party) for sub-paragraph (d) substitute—

“(d) a Post Office compensation payment;

(e) an LGBT Financial Recognition Scheme payment.”.

(4) In regulation 112(8)(b)(4) (income treated as capital) for head (iv) substitute—

“(iv) Post Office compensation payment;

(v) LGBT Financial Recognition Scheme payment.”.

(5) In regulation 115(5A)(5) (notional capital) for sub-paragraph (e) substitute—

“(e) a vaccine damage payment;

(f) an LGBT Financial Recognition Scheme payment.”.

(6) In paragraph 19(8)(b)(6) (non-dependant deductions) of Schedule 6 (housing costs) for “or Post Office compensation payment” substitute “, Post Office compensation payment or LGBT Financial Recognition Scheme payment”.

(7) In paragraph 40 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in sub-paragraph (1A)(7) for head (d) substitute—

“(d) Post Office compensation payment;

(e) LGBT Financial Recognition Scheme payment.”;

(b) in each of sub-paragraphs (2) to (5)(8) for “or a vaccine damage payment” substitute “, vaccine damage payment or an LGBT Financial Recognition Scheme payment”;

(c) in sub-paragraph (6)(9) after “Grenfell Tower payment” insert “, a child abuse payment, a Windrush payment, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.

(8) In paragraph 27 of Schedule 9 (capital to be disregarded)—

(a) in sub-paragraph (1A)(10) for “or vaccine damage payment” substitute “, vaccine damage payment or LGBT Financial Recognition Scheme payment”;

(b) in each of sub-paragraphs (2) to (5)(11) for “or a vaccine damage payment” substitute “, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”;

(c) in sub-paragraph (6)(12) after “Grenfell Tower payment” insert “, a child abuse payment, a Windrush payment, a vaccine damage payment or an LGBT Financial Recognition Scheme payment”.

(1)

S.R. 2008 No. 280; relevant amending regulations are S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 No. 345 and S.R. 2023 Nos. 97 and 184

(2)

The definition of “qualifying person” was amended by regulation 10(3)(a) of S.R. 2010 No. 69, regulation 21(2)(b) of S.R. 2011 No. 357, regulation 8(2)(b) of S.R. 2017 No. 205, regulation 8(2)(c) of S.R. 2017 No. 219, regulation 7(2)(b) of S.R. 2020 No. 108, regulation 7(2)(b) of S.R. 2021 No. 345, regulation 7(2)(c) of S.R. 2023 No. 97 and regulation 8(2)(a) of S.R. 2023 No. 184

(3)

Regulation 107(5A) was inserted by regulation 7(3)(d) of S.R. 2020 No. 108 and amended by regulation 7(3) of S.R. 2021 No. 345 and regulation 7(3) of S.R. 2023 No. 97

(4)

Regulation 112(8)(b) was substituted by regulation 7(4) of S.R. 2021 No. 345 and amended by regulation 7(4) of S.R. 2023 No. 97

(5)

Regulation 115(5A) was inserted by regulation 7(5)(d) of S.R. 2020 No. 108 and amended by regulation 7(5) of S.R. 2021 No. 345 and regulation 7(5) of S.R. 2023 No. 97

(6)

Paragraph 19(8)(b) was amended by regulation 10(3)(a) of S.R. 2010 No. 69, regulation 21(8)(c) of S.R. 2011 No. 357, regulation 8(3)(d) of S.R. 2017 No. 205, regulation 8(3)(d) of S.R. 2017 No. 219, regulation 7(10)(a) of S.R. 2020 No. 108, regulation 7(6) of S.R. 2021 No. 345 and regulation 7(6) of S.R. 2023 No. 97

(7)

Sub-paragraph (1A) was substituted by regulation 7(7)(b)(i) of S.R. 2021 No. 345 and amended by regulation 7(7)(a) of S.R. 2023 No. 97

(8)

Sub-paragraphs (2) to (5) were amended by regulation 10(5)(e) of S.R. 2010 No. 69, regulation 7(11)(b)(iii) of S.R. 2020 No. 108, regulation 7(7)(b)(ii) of S.R. 2021 No. 345 and regulation 7(7)(b) of S.R. 2023 No. 97

(9)

Sub-paragraph (6) was amended by regulation 7(11)(b)(iv) of S.R. 2020 No. 108

(10)

Sub-paragraph (1A) was inserted by regulation 7(12)(a)(ii) of S.R. 2020 No. 108 and amended by regulation 7(8)(a)(i) of S.R. 2021 No. 345 and regulation 7(8)(a) of S.R. 2023 No. 97

(11)

Sub-paragraphs (2) to (5) were amended by regulation 10(5)(f) of S.R. 2010 No. 69, regulation 7(12)(a)(iii) of S.R. 2020 No. 108, regulation 7(8)(a)(ii) of S.R. 2021 No. 345 and regulation 7(8)(b) of S.R. 2023 No. 97

(12)

Sub-paragraph (6) was amended by regulation 7(12)(a)(iv) of S.R. 2020 No. 108