Statutory Rules of Northern Ireland
Social Security
Made
30th June 2008
The Department for Social Development makes the following Order in exercise of the powers conferred by section 60(1) of the Welfare Reform Act (Northern Ireland) 2007(1).
1.—(1) This Order may be cited as the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008.
(2) In this Order any reference to a numbered Part, section or Schedule is to the Part or section of, or Schedule to, the Welfare Reform Act (Northern Ireland) 2007 bearing that number.
2.—(1) The day appointed for the coming into operation of sections 32 to 34 (housing benefit for persons taking up employment, supplemental and interpretation)—
(a)for the purpose only of authorising the making of regulations, is 1st July 2008; and
(b)for all other purposes, is 6th October 2008.
(2) The day appointed for the coming into operation of—
(a)sections 25(1) and (2), 26(1) and 28(2) (regulations, Assembly control and power to make consequential amendments), paragraphs 4(1), (2) and (28) and 10(1), (3) and (6) of Schedule 3 (consequential amendments relating to Part 1) and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 (transition relating to Part 1) and sections 28(1) and 29 in so far as relating to those paragraphs—
(i)for the purpose only of authorising the making of regulations, is 1st July 2008, and
(ii)for all other purposes, is 27th July 2008;
(b)paragraph 10(2) of Schedule 3 and paragraphs 1(2) and 11 of Schedule 4 and sections 28(1) and 29 in so far as relating to those paragraphs, is 27th July 2008;
(c)the provisions specified in Part 1 of the Schedule—
(i)for the purpose only of authorising the making of regulations, is 1st July 2008, and
(ii)for all other purposes, is 27th October 2008; and
(d)the provisions specified in Part 2 of the Schedule, is 27th October 2008.
Sealed with the Official Seal of the Department for Social Development on 30th June 2008
(L.S.)
John O’Neill
A senior officer of the Department for Social Development
Article 2(2)(c) and (d)
| Provisions | Subject Matter |
|---|---|
| Section 2(1)(a) and (c) and (4)(a) and (c) | Amount of contributory allowance |
| Section 3(1)(c) and (2)(b) and (d) and (3) (for the purposes of prescribing a payment under paragraph (b) of the definition of “pension payment”) | Deductions from contributory allowance: supplementary |
| Section 4(2)(a), (3) and (6)(a) and (c) | Amount of income-related allowance |
| Section 5(2) and (3) | Advance award of income-related allowance |
| Section 8 (except subsection (4)(c)) | Limited capability for work |
| Section 9 (except subsection (4)(c)) | Limited capability for work-related activity |
| Section 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c) | Work-focused health-related assessments |
| Section 12 (except subsection (2)(i)) | Work-focused interviews |
| Section 14(1) and (2)(a) and (b) | Action plans in connection with work-focused interviews |
| Section 16(2)(a) and (4) | Contracting out |
| Section 17 | Income and capital: general |
| Section 18(1), (2) and (4) | Disqualification |
| Section 20(2) to (7) | Relationship with statutory payments |
| Section 23(1) and (3) | Recovery of sums in respect of maintenance |
| Section 24(1) (for the purpose of defining “employment”, “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”) and (2)(b) and (3) | Interpretation, etc. of Part 1 |
| Schedule 1, paragraphs 1(4), 3(2), 4(1)(a) and (c), (3) and (4) and 6(1)(b), (2) to (4), (5) (for the purposes of the meaning of “couple”, “education” and “remunerative work”), (7) and (8) and section 1 in so far as it relates to those paragraphs | Employment and support allowance: additional conditions |
| Schedule 2, paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 and section 22 in so far as it relates to those paragraphs | Employment and support allowance: supplementary provisions |
| Schedule 3, paragraphs 2(1) and (8), 3(1), (3)(b) and (4), 4(3) to (8) and (11), 6(1) and (2), 9, 10(7), 12, 13 and 14(1) to (5) and (8) and section 28(1) in so far as it relates to those paragraphs | Consequential amendments relating to Part 1 |
| Provisions | Subject Matter | |
|---|---|---|
| Part 1 (except sections 13, 15, 28(1) (in so far as it relates to paragraphs 2(3) to (7) and 3(5) and (12) of Schedule 3) and 29 (in so far as it relates to paragraphs 3(a) and 4 to 10 of Schedule 4)), in so far as not already in operation | Employment and support allowance | |
| Schedules 1 and 2, in so far as not already in operation | Employment and support allowance: additional conditions and supplementary provisions | |
| Schedule 3, paragraphs 1, 2(2), 3 (except sub-paragraphs (5) and (12)), 4 to 8, 10, 11 and 14, in so far as it is not already in operation | Consequential amendments relating to Part 1 | |
| Schedule 7 and section 56, in so far as not already in operation | Minor and consequential amendments relating to Part 4 | |
| The repeals in Schedule 8 relating to— | Repeals | |
| sections 6A(3) and 123(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; | ||
| section 71(4) of the Social Security Administration (Northern Ireland) Act 1992; | ||
| paragraphs 3, 23(2), 36(2), 52(3), (4) and (5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995; | ||
| Articles 4(2) and 28(3) of, paragraph 6(b) of Schedule 2 to, and paragraph 3 of Schedule 3 to, the Social Security (Northern Ireland) Order 1998; and | ||
| Article 69(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999, | ||
| and section 58 in so far as it relates to those repeals | ||
(This note is not part of the Order)
This Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—
sections 32 to 34 (housing benefit for persons taking up employment), for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 6th October 2008; and
in relation to employment and support allowance—
sections 25(1) and (2), 26(1) and 28(2), paragraphs 4(1), (2) and (28) and 10(1), (3) and (6) of Schedule 3 (consequential amendments relating to Part 1) and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 (transition relating to Part 1), and sections 28(1) and 29 in so far as relating to those paragraphs, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th July 2008;
paragraph 10(2) of Schedule 3 and paragraphs 1(2) and 11 of Schedule 4 and sections 28(1) and 29 in so far as relating to those paragraphs, on 27th July 2008;
the provisions specified in Part 1 of the Schedule, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th October 2008; and
the provisions specified in Part 2 of the Schedule, on 27th October 2008.
(This note is not part of the Order)
The following provisions of the Welfare Reform Act (Northern Ireland) 2007 have been brought into operation by earlier commencement orders as from the dates shown.
| Provision | Date of Commencement | S.R. No. |
|---|---|---|
| Section 30 (partially) | 10th March 2008 | 2008 No. 93 (C. 3) |
| 7th April 2008 | ||
| Section 36 | 1st April 2008 | 2008 No. 147 (C. 7) |
| Section 37 (partially) | 1st April 2008 | 2008 No. 147 (C. 7) |
| Sections 38(1), 48 and 49 | 8th October 2007 | 2007 No. 429 (C. 27) |
| Section 45 | 1st April 2008 | 2008 No. 147 (C. 7) |
| Section 52 (partially) | 19th July 2007 | 2007 No. 335 (C. 23) |
| 10th August 2007 | ||
| Section 54 (partially) | 8th October 2007 | 2007 No. 429 (C. 27) |
| 29th October 2007 | ||
| Sections 56 and 58 (partially) | 8th October 2007 | 2007 No. 429 (C. 27) |
| 7th April 2008 | 2008 No. 93 (C. 3) | |
| Schedule 5 (partially) | 1st April 2008 | 2008 No. 147 (C. 7) |
| Schedule 6 (partially) | 19th July 2007 | 2007 No. 335 (C. 23) |
| 10th August 2007 | ||
| Schedule 7 (partially) | 8th October 2007 | 2007 No. 429 (C. 27) |
| Schedule 8 (partially) | 8th October 2007 | 2007 No. 429 (C. 27) |
| 7th April 2008 | 2008 No. 93 (C. 3) |