The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008

Amendment of the Social Fund Cold Weather Payments (General) Regulations N.I.

16.—(1) The Social Fund Cold Weather Payments (General) Regulations (Northern Ireland) 1988(1) are amended in accordance with paragraphs (2) and (3).

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

(a) after the definition of “the Order” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”;

(b) in the definition of “claimant”(2) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”; and

(c) after the definition of “an income-based jobseeker’s allowance”(3) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 1A(1)(4) (prescribed description of persons)—

(a) for “or an income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”; and

(b) after sub-paragraph (ac) insert—

“(ad) whose applicable amount includes one or more of the premiums specified in [F1 paragraphs 5 to 7] of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008; or

(ae) whose applicable amount includes an amount under section 4(2)(b) of the Welfare Reform Act; or”.

Textual Amendments

F1 Words in reg. 16(3)(b) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(2), 5(3)

Commencement Information

I1 Reg. 16 in operation at 27.10.2008, see reg. 1(b)

(1)

S.R. 1988 No. 368; relevant amending Regulations are S.R. 1991 Nos. 464 and 487, S.R. 1996 No. 488, S.R. 2003 Nos. 191 and 267, S.R. 2004 No. 429 and S.R. 2005 No. 447

(2)

The definition of “claimant” was substituted by regulation 2(a) of S.R. 1991 No. 464 and amended by regulation 2(a)(i) of S.R. 2005 No. 447

(3)

The definition of “income-based jobseeker’s allowance” was inserted by regulation 2(b) of S.R. 1996 No. 488

(4)

Regulation 1A was inserted by regulation 2 of S.R. 1991 No. 487 and paragraph (1) was amended by regulation 3 of S.R. 1996 No. 488, regulation 25(4) and (5) of S.R. 2003 No. 191, regulation 3(2)(a) to (d) of S.R. 2003 No. 267 and regulation 2 of S.R. 2004 No. 429