PART 4MISCELLANEOUS

Disapplication of certain statutory provisions following conversion decisionI122

Where a conversion decision has been made in relation to any person, the following statutory provisions shall not apply to that person with effect from the conversion decision’s effective date—

a

sections 30A, F130C, 40 or 41 of the Contributions and Benefits Act41 (incapacity benefit);

b

section 68 of the Contributions and Benefits Act (severe disablement allowance)42;

c

regulation 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 198743 (prescribed category of persons for the purposes of entitlement on grounds of incapacity or disability);

d

the Income Support (Transitional) Regulations (Northern Ireland) 198744; and

e

the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199545.

Treatment of claims until coming into operation of regulation 24(a)I223

In regulation 2(2)(a) to (c) of the Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 200846 (claim for an existing benefit), for “a claim” in each place where it occurs, substitute “a claim made in respect of a period commencing before 31st January 2011”.

Annotations:
Commencement Information
I2

Reg. 23 in operation at 1.10.2010, see reg. 1

Amendment of the Employment and Support Allowance (Transitional Provisions) RegulationsI524

In regulation 2 of the Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008 (claim for an existing benefit)—

a

in paragraph (2) omit sub-paragraphs (a), (b) and (c); and

b

in paragraph (3) omit “severe disablement allowance,”.

Annotations:
Commencement Information
I5

Reg. 24 in operation at 31.1.2011, see reg. 1

Amendment of the Employment and Support Allowance RegulationsI3I625

I31

The Employment and Support Allowance Regulations are amended in accordance with paragraphs (2) and (3).

I32

Omit regulation 31 (claimant who claims jobseeker’s allowance to be treated as not having limited capability for work).

I63

In regulation 144(2)(a)47 (waiting days) after “income support,” insert “incapacity benefit, severe disablement allowance,”.

Annotations:
Commencement Information
I3

Reg. 25(1)(2) in operation at 1.10.2010, see reg. 1

I6

Reg. 25(3) in operation at 31.1.2011, see reg. 1

Amendment of legislation relating to housing benefitI426

Schedule 4, which makes amendments to legislation relating to housing benefit, has effect.