The Employment and Support Allowance Regulations (Northern Ireland) 2008

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 N.I.

7.—(1) Subject to paragraph (2), sections 2(2)(a) and (3)(a) and 4(4)(a) and (5)(a) of the Act do not apply where—

(a) a claimant is terminally ill and has either—

(i) made a claim expressly on the ground of being terminally ill, or

(ii) made an application for supersession or revision in accordance with the Decisions and Appeals Regulations which contains an express statement that the claimant is terminally ill; F1 ...

(b) (i) a period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1) or (2),

(ii) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work, and

(iii) the assessment phase had ended in the previous period for which the claimant was entitled to an employment and support allowance [F2 or that period was more than 13 weeks] , [F3 or

(c) (i) the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end;

(ii) in relation to that entitlement to income support, immediately before it ended the claimant’s applicable amount included the disability premium by virtue of satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations, and

(iii) that entitlement to income support ended solely by virtue of the coming into operation, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2008.]

(2) Paragraph (1)(b) does not apply [F4 to any period of limited capability for work to which regulation 147A(2) applies until the determination of limited capability for work has been made following the determination of the appeal by the appeal tribunal] .

Textual Amendments

F1 Word in reg. 7(1)(a) omitted (2.12.2008) by virtue of The Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/478), regs. 1(1), 12(a)

F2 Words in reg. 7(1)(b)(iii) inserted (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), regs. 1, 9(6)(a)

F3 Reg. 7(1)(c) and word inserted (2.12.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/478), regs. 1(1), 12(b)

F4 Words in reg. 7(2) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), regs. 1, 9(6)(b)

Commencement Information

I1 Reg. 7 in operation at 27.10.2008, see reg. 1(1)