http://www.legislation.gov.uk/id/nisr/2008/286

http://www.legislation.gov.uk/nisr/2008/286/regulation/28/2008-10-27

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

Child support

Benefits

Care

Social fund payments

Maternity pay

SOCIAL SECURITY

Statute Law Database

2024-09-23

Expert Participation

2008-10-27

These Regulations make provisions consequential upon the introduction of employment and support allowance by inserting references to employment and support allowance where appropriate in—the Social Security Contributions and Benefits (Northern Ireland) Act 1992;the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997;the Social Security (Benefit) (Married Women and Widows Special Provisions) (NorthernIreland) Regulations 1975the Social Security Airmen’s Benefits Regulations (Northern Ireland) 1975;the Social Security (Mariners’ Benefits) Regulations (Northern Ireland) 1975;the Social Security (Credits) Regulations (Northern Ireland) 1975;the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976;the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979;the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982;the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987;the Income Support (General) Regulations (Northern Ireland) 1987;the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988;the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988;the Social Fund Cold Weather Payments (General) Regulations (Northern Ireland) 1988;the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992;the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992;the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996;the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996;the Social Security and Child Support (Decision and Appeals) Regulations (Northern Ireland) 1999;the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000;the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000;the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001;the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001;the Child Support (Variations) Regulations (Northern Ireland) 2001;the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001;the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002;the State Pension Credit Regulations (Northern Ireland) 2003;the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003;the Children (Leaving Care) Social Security Benefits Regulations (Northern Ireland) 2005;the Age-Related Payments Regulations (Northern Ireland) 2005; andthe Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) RegulationsI128

1

The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001219 are amended in accordance with paragraphs (2) to (5).

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 “contributory benefit” after “income-based jobseeker’s allowance” insert “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

c

after the definition of “contributory benefit” insert—

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

d

after the definition of “earnings factor” insert—

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

e

in the definition of “relevant benefit year” after paragraph (b) add—

c
paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance), in relation to a contributory employment and support allowance;

3

In regulation 4 (treatment for the purpose of any contributory benefit of late paid contributions)—

a

in paragraph (8) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

b

after paragraph (9)(b) insert—

c
a contributory employment and support allowance is a reference to the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act.

4

In regulation 5 (treatment for the purpose of any contributory benefit of late paid primary Class 1 contributions)—

a

in paragraph (1)(b)—

i

omit “or” after head (i), and

ii

after head (ii) add—

or
iii
a contributory employment and support allowance, is not paid before the beginning of the relevant benefit year,

b

in paragraph (2)(a) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

c

in paragraph (3)(a) after head (ii) add—

iii
a contributory employment and support allowance is a reference to the condition specified in paragraph 1(1) of Schedule 1 to the Welfare Reform Act;

5

In regulation 5A(a)220 (treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.