The Welfare Reform (Northern Ireland) Order 2015

Claimant commitment for employment and support allowance N.I.

60.—(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) In section 1(3) (employment and support allowance) after paragraph (a) insert—

“(aa) has accepted a claimant commitment,”.

(3) [F1 After section 1B (as inserted by Article 58) insert—

1C.    “Claimant commitment

(1) For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of an employment and support allowance.

(2) A claimant commitment is to be prepared by the Department or the Department for Employment and Learning and may be reviewed and updated as that department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) any prescribed information, and

(b) any other information the Department or the Department for Employment and Learning considers it appropriate to include.

(5) For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

(6) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).”]

(4) [F2 In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” substitute “ in such manner as the Department or the Department for Employment and Learning thinks fit ”.]

(5) [F3 In section 16(1) (contracting out) before paragraph (a) insert—

“(za) any function under section 1C in relation to a claimant commitment;”.]

(6) In Schedule 2 (supplementary provisions) after paragraph 4 insert—

“Exemption N.I.

4A.   Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.”

(7) In section 25(2) of the Welfare Reform Act (Northern Ireland) 2010 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act (Northern Ireland) 2007—

(a) after “preparing any” insert “ claimant commitment or ”;

(b) after “action plan,” insert “ the Department or ”.

Textual Amendments

F1 Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

F2 Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

F3 Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

Modifications etc. (not altering text)

C1 Art. 60(1)(2) amendment to earlier commencing S.R. 2017/190, art. 24 (30.3.2022) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 16 and Commencement No. 8, 13 and 14 and Transitional and Transitory Provisions (Amendment)) Order (Northern Ireland) 2022 (S.R. 2022/132), art. 5, Sch. para. 1(3)

Commencement Information

I1 Art. 60 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(3)(b)

I2 Art. 60(1)(2) in operation at 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation by S.R. 2017/190, art. 9 (with arts. 10-25)