The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

Regulation 6(1)

SCHEDULE 1 N.I. Modification of statutory provisions: making conversion decisions

PART 1 N.I. MODIFICATION OF PART 1 OF THE ACT

1.  Part 1 of the Act is to be read as if— N.I.

(a) any reference to a claimant were a reference to a notified person;

(b) in section 1—

(i) for subsection (2), there were substituted—

“(2) Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and—

(a) is entitled to an existing award of incapacity benefit or severe disablement allowance;

(b) is entitled to an existing award of income support and satisfies the conditions set out in Part 2 of Schedule 1 unless paragraph (c) applies; or

(c) is entitled to an existing award of income support by virtue of paragraph 10 (disabled students) or 12 (deaf students) of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987 and satisfies the conditions set out in Part 2 of Schedule 1, with the exception of the condition in paragraph 6(1)(g).”, and

(ii) subsection (3)(e) were omitted;

(c) in sections 2(2)(a) and (3)(a) and 4(4)(a) and (5)(a) references to the assessment phase were references to the conversion phase;

(d) section 5 does not apply;

(e) in Schedule 1—

(i) paragraphs 1 to 5 were omitted, and

(ii) in paragraph 6, after sub-paragraph (1), there were inserted—

“(1A) Sub-paragraphs (1B) and (1C) apply in relation to any person (“P”) whose existing award of income support is subject to conversion under the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (“the Existing Awards Regulations”).

(1B) In determining for the purposes of sub-paragraph (1)(a) whether P’s income exceeds the applicable amount, any amount to which P may become entitled by way of a transitional addition under Part 2 of the Existing Awards Regulations shall be disregarded.

(1C) Where—

(a) P’s existing award would qualify for conversion under Part 2 of the Existing Awards Regulations but for the fact that the condition set out in sub-paragraph (1)(a) is not satisfied in P’s case; and

(b) P would otherwise be entitled to an amount of transitional addition under Part 2 of the Existing Awards Regulations as a result of carrying out Step 2 as set out in regulation 8 of those Regulations,

the condition set out in sub-paragraph (1)(a) shall be treated as having been satisfied and the amount of employment and support allowance which applies to P as a result of Step 1 as set out in that regulation shall be nil.”.

Commencement Information

I1 Sch. 1 para. 1 in operation at 1.10.2010, see reg. 1

PART 2 N.I. MODIFICATION OF THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS

2.  The Employment and Support Allowance Regulations are to be read as if— N.I.

(a) any reference to a claimant were a reference to the notified person;

(b) Parts 2 (the assessment phase) and 3 (conditions of entitlement – contributory allowance) do not apply;

(c) regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) does not apply.

(d) in regulation 75 (payments treated as not being payments to which section 3 of the Act applies)—

(i) the existing provisions were renumbered as paragraph (1),

(ii) at the end of that paragraph there were added—

“(g) any pension payment or PPF periodic payment which is made to a notified person and which falls within paragraph (2).”, and

(iii) after that paragraph there were added—

“(2) This paragraph applies to any pension payment or PPF periodic payment made to the notified person where, immediately before the effective date of the person’s conversion decision, section 30DD(1) of the Contributions and Benefits Act(1) (incapacity benefit: reduction for pension payments and PPF periodic payments)—

(a) did not apply to the notified person by virtue of regulation 25 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(2) (person whose benefit is not to be reduced under section 30DD(1)); or

(b) was not treated as applying to the notified person by virtue of—

(i) regulation 18(1)(c) or (2)(c) of those Regulations(3) (persons formerly entitled to severe disablement allowance); or

(ii) Article 3 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000(4) (transitional provision in relation to incapacity benefit).”.

(e) regulation 144 (waiting days) does not apply.

Commencement Information

I2 Sch. 1 para. 2 in operation at 1.10.2010, see reg. 1

PART 3 N.I. MODIFICATION OF THE CLAIMS AND PAYMENTS REGULATIONS

3.  Regulation 32 of the Claims and Payments Regulations(5) (information to be given and changes to be notified) is to be read as if it were modified so as to enable the Department to require from any person entitled to an existing award— N.I.

(a) under paragraph (1), information or evidence for determining whether a decision on an existing award should be converted into an award of an employment and support allowance; and

(b) under paragraph (1A), information or evidence in connection with payment of benefit in the event that an existing award is converted into an award of an employment and support allowance.

Commencement Information

I3 Sch. 1 para. 3 in operation at 1.10.2010, see reg. 1

Regulation 16(1)

SCHEDULE 2 N.I. Modification of statutory provisions: after the conversion phase

PART 1 N.I. MODIFICATION OF PART 1 OF THE ACT

1.  Part 1 of the Act is to be read as if— N.I.

(a) any reference to a claimant were a reference to a person in relation to whom a conversion decision has been made under these Regulations;

(b) in section 1—

(i) for subsection (2), there were substituted—

“(2) Subject to the provisions of this Part, a person is entitled to an employment and support allowance if the person satisfies the basic conditions and—

(a) in accordance with Part 2 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (“the Existing Awards Regulations”), the effect of the conversion decision that was made in relation to the person was to convert the person’s existing award or awards into a single award of an employment and support allowance; and

(b) that conversion decision has come into effect.”, and

(ii) for subsection (7), there were substituted—

“(7) In this Part—

“contributory allowance” means an employment and support allowance to which a person is entitled by virtue of the Existing Awards Regulations which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled; and

“income-related allowance” means an employment and support allowance to which a person is entitled by virtue of the Existing Awards Regulations which was based on an award of income support to which the person was entitled.”;

(c) in section 2—

(i) in subsection (1)(a), after the words “such amount” there were inserted “, or the aggregate of such amounts,”, and

(ii) except for the purposes of applying regulation 147A of the Employment and Support Allowance Regulations(6) (claimants appealing a decision) in subsections (2)(a) and (3)(a), references to the assessment phase were references to the conversion phase;

(d) in section 4(4)(a) and (5)(a), except for the purposes of applying regulation 147A of the Employment and Support Allowance Regulations as modified by paragraph 4(i) of this Schedule, references to the assessment phase were to the conversion phase.

Commencement Information

I4 Sch. 2 para. 1 in operation at 1.10.2010, see reg. 1

PART 2 N.I. MODIFICATION OF OTHER ACT AND ORDER

The Social Security Contributions and Benefits (Northern Ireland) Act N.I.

2.  Section 44B of the Contributions and Benefits Act(7) (deemed earnings factors: 2010-11 onwards) is to be read as if, after subsection (5), there were inserted— N.I.

“(5A) In determining whether Condition C is satisfied in relation to any pensioner, the following entitlements of the pensioner to an earnings factor credit may be aggregated if the weeks to which they relate comprise a continuous period—

(a) any entitlement arising by virtue of—

(i) section 44C(3)(c) below (eligibility for earnings factor enhancement in respect of a week in which severe disablement allowance was payable), or

(ii) section 44C(3)(d) below (eligibility for earnings factor enhancement in respect of a week in which long-term incapacity benefit was, or would have been, payable); and

(b) where an award of severe disablement allowance or long-term incapacity benefit was converted into an award of an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010, any entitlement arising by virtue of regulation 5A(2)(ba) of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2001(8) (earnings factor credits eligibility for pensioners to whom employment and support allowance was payable).”.

Commencement Information

I5 Sch. 2 para. 2 in operation at 1.10.2010, see reg. 1

The Social Security (Northern Ireland) Order N.I.

3.  Schedule 3 to the Social Security (Northern Ireland) Order 1998(9) (decisions against which an appeal lies) is to be read as if, after paragraph 8D, there were inserted— N.I.

“Conversion of certain existing awards into awards of an employment and support allowance N.I.

8E.   A conversion decision within the meaning of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.”.

Commencement Information

I6 Sch. 2 para. 3 in operation at 1.10.2010, see reg. 1

PART 3 N.I. MODIFICATION OF THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS

4.  The Employment and Support Allowance Regulations are to be read as if— N.I.

(a) any reference to a claimant were a reference to a person in relation to whom a conversion decision has been made under these Regulations;

(b) Part 2 (the assessment phase) does not apply, except for the purposes of applying regulation 147A of those Regulations;

(c) Part 3 (conditions of entitlement – contributory allowance) does not apply;

(d) in regulation 30(3) (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made), in its application to a person who has made and is pursuing an appeal against a conversion decision which embodies a determination that the person does not have limited capability for work, for “a decision” there were substituted “a conversion decision”;

(e) in regulation 45 (exempt work) for the definition of “specified work” in paragraph (10), there were substituted—

““specified work” means—

(a)

work done in accordance with paragraph (4); or

(b)

work done in accordance with regulation 17(4)(a) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(10).”;

(f) in regulation 67 (prescribed amounts)—

(i) in paragraph (1) after sub-paragraph (c) there were added—

“(d) the amount of any transitional addition to which the person is entitled under regulation 11 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.”,

(ii) in paragraph (2), for the words from “is the amount” to the end, there were substituted—

“are such of the following amounts as may apply in the person’s case—

(a) the amount determined in accordance with paragraph 1(1) of Schedule 4; and

(b) the amount of any transitional addition to which the person is entitled under regulation 10 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.”;

(g) in regulation 68(1) (polygamous marriages), after sub-paragraph (d) there were added—

“(e) the amount of any transitional addition to which the person is entitled under regulation 11 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.”;

(h) regulation 75 (payments treated as not being payments to which section 3 of the Act applies) were subject to the same modifications as are specified in paragraph 2(d) of Schedule 1;

(i) for regulation 147A (claimants appealing a decision), in its application to a person who has made and is pursuing an appeal against a conversion decision which embodies a determination that the person does not have limited capability for work, there were substituted—

“Claimants appealing a decision

147A.— (1) This regulation applies where a person has made and is pursuing an appeal against a conversion decision which embodies a determination that the person does not have limited capability for work.

(2) Subject to paragraph (3), where this regulation applies, a determination of limited capability for work by the Department under regulation 19 shall not be made until the appeal is determined by the appeal tribunal.

(3) Paragraph (2) does not apply where either—

(a) the claimant suffers from some specific disease or bodily or mental disablement from which the claimant was not suffering when entitlement began; or

(b) a disease or bodily or mental disablement from which the claimant was suffering at that date has significantly worsened.

(4) Where this regulation applies and the Department makes a determination—

(a) in a case to which paragraph (3) applies (including where the determination is not the first such determination) that the claimant does not have, or by virtue of regulation 22 or 23 is to be treated as not having, limited capability for work; or

(b) subsequent to a determination that the claimant is to be treated as having limited capability for work by virtue of a provision of these Regulations other than regulation 30, that the claimant is no longer to be so treated,

this regulation and regulation 30 apply as if that determination had not been made.

(5) Where this regulation applies and—

(a) the claimant is entitled to an employment and support allowance by virtue of being treated as having limited capability for work in accordance with regulation 30;

(b) neither of the circumstances in paragraph (3) applies or, subsequent to the application of either of those circumstances, the claimant has been determined not to have limited capability for work; and

(c) the claimant’s appeal is dismissed, withdrawn or struck out,

the claimant is to be treated as not having limited capability for work from the first day of the benefit week following the date on which the Department was notified by the appeal tribunal that the appeal is dismissed, withdrawn or struck out.

(6) Where a claimant’s appeal is successful, any entitlement to which this regulation applies shall terminate on the first day of the benefit week following the date on which the Department was notified by the appeal tribunal of that decision.”;

(j) in Schedule 5 (special cases) any reference to the amount—

(i) applicable to a person under regulation 67(1)(a), or

(ii) to which a person is entitled under regulation 67(1)(a),

included the amount of any transitional addition to which the person is entitled under regulation 67(1)(d) as added by the modification in sub-paragraph (f)(i).

Commencement Information

I7 Sch. 2 para. 4 in operation at 1.10.2010, see reg. 1

PART 4 N.I. MODIFICATION OF OTHER SUBORDINATE LEGISLATION

The Social Security (Claims and Payments) Regulations N.I.

5.  The Claims and Payments Regulations are to be read as if— N.I.

(a) in regulation 2(1) after the definition of “employment officer”(11) there were inserted—

“the Existing Awards Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;”;

(b) in regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (j)(12) there were added—

“(k) the beneficiary—

(i) has made and is pursuing an appeal against a conversion decision made by virtue of the Existing Awards Regulations which embodies a determination that the beneficiary does not have limited capability for work; or

(ii) was entitled to an employment and support allowance by virtue of the Existing Awards Regulations and has made and is pursuing an appeal against a later decision which embodies a determination that the beneficiary does not have limited capability for work;

(l) in the case of an employment and support allowance where the beneficiary is entitled to an existing award which is subject to conversion under the Existing Awards Regulations.”;

(c) in regulation 26C(13) (employment and support allowance) any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under the Existing Awards Regulations;

(d) in regulation 32(1B)(14) (information to be given and changes to be notified)—

(i) the word “or” at the end of sub-paragraph (a) were omitted, and

(ii) after that sub-paragraph, there were inserted—

“(ab) the amount of any transitional addition to which the beneficiary is entitled under the Existing Awards Regulations; or”;

(e) in Schedule 8A(15) (deductions from benefits and direct payment to third parties) in paragraph 1 (interpretation)—

(i) in sub-paragraph (1) in the definition of “applicable amount”(16), after “Employment and Support Allowance Regulations;” there were inserted “in the case of an income-related employment and support allowance by virtue of the Existing Awards Regulations it means the aggregate of the amounts for the family as determined under regulation 67(1)(a), (b) and (d) or 68(1)(a) to (c) and (e) of the Employment and Support Allowance Regulations as modified by paragraph 4(f) and (g) of Schedule 2 to the Existing Awards Regulations and”,

(ii) in sub-paragraph (2)(17) after ““employment and support allowance” means”, there were inserted “(subject to sub-paragraph (3))”, and

(iii) after sub-paragraph (2) there were added—

“(3) In the application of sub-paragraph (2) to a beneficiary whose award of an employment and support allowance is by virtue of the Existing Awards Regulations, any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations.

(4) Where a specified benefit awarded to a beneficiary is subject to conversion under the Existing Awards Regulations and—

(a) immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and

(b) with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the Existing Awards Regulations,

any deduction falling within head (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.”;

(f) in Schedule 8C(18) (deductions from benefit in respect of child support maintenance and payment to persons with care)—

(i) in paragraph 1 (interpretation), the existing provision becomes sub-paragraph (1), and

(ii) after that sub-paragraph there were added—

“(2) In the application of this Schedule to a beneficiary whose award of an employment and support allowance is by virtue of the Existing Awards Regulations, any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations.

(3) Where a specified benefit awarded to a beneficiary is subject to conversion under the Existing Awards Regulations and—

(a) immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and

(b) with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the Existing Awards Regulations,

any deduction falling within head (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.”.

Commencement Information

I8 Sch. 2 para. 5 in operation at 1.10.2010, see reg. 1

The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations N.I.

6.  Regulation 5A(2) of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2001(19) (earnings factor credits eligibility for pensioners to whom employment and support allowance was payable) is to be read as if— N.I.

(a) the word “or” after sub-paragraph (b) were omitted; and

(b) after that sub-paragraph there were inserted—

“(ba) that allowance was an employment and support allowance to which the pensioner was entitled by virtue of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 and either—

(i) long-term incapacity benefit or severe disablement allowance was payable to the pensioner immediately before its conversion into an employment and support allowance in accordance with those Regulations; or

(ii) the condition in sub-paragraph (b) was satisfied; or”.

Commencement Information

I9 Sch. 2 para. 6 in operation at 1.10.2010, see reg. 1

Regulation 16(2)(g)

SCHEDULE 3 N.I. Regulations that apply after the conversion phase

Commencement Information

I10 Sch. 3 in operation at 1.10.2010, see reg. 1

The Regulations referred to in regulation 16(2)(g) are—

The Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975(20)

The Social Security (Benefit) (Members of the Forces) Regulations 1975(21)

The Social Security (Airmen’s Benefits) Regulations (Northern Ireland) 1975(22)

The Social Security (Mariners’ Benefits) Regulations (Northern Ireland) 1975(23)

The Social Security (Credits) Regulations (Northern Ireland) 1975(24)

The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(25)

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(26)

The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(27)

The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(28)

The Income Support (General) Regulations (Northern Ireland) 1987(29)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(30)

The Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988(31)

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(32)

The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(33)

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(34)

The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(35)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(36)

The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996(37)

The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996(38)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(39)

The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(40)

The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(41)

The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(42)

The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(43)

The Child Support (Variations) Regulations (Northern Ireland) 2001(44)

The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001(45)

The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002(46)

The State Pension Credit Regulations (Northern Ireland) 2003(47)

The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003(48)

The Children (Leaving Care) Social Security Benefits Regulations (Northern Ireland) 2005(49)

The Age-Related Payments Regulations (Northern Ireland) 2005(50)

The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(51).

Regulation 26

SCHEDULE 4 N.I. Amendment of legislation relating to housing benefit

PART 1 N.I. AMENDMENT OF THE HOUSING BENEFIT REGULATIONS

1.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(52) are amended in accordance with sub-paragraphs (2) to (5). N.I.

(2) In regulation 2(1)(53) (interpretation)—

(a) after the definition of “contributory employment and support allowance” insert—

““converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;”; and

(b) after the definition of “the Employment and Support Allowance Regulations” insert—

““the Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;”.

(3) In regulation 20(54) (applicable amounts) after paragraph (e) add—

“(f) the amount of any transitional addition which may be applicable to him in accordance with Parts VII and VIII of Schedule 4.”.

(4) In regulation 21(55) (polygamous marriages) after paragraph (f) add—

“(g) the amount of any transitional addition which may be applicable to him in accordance with Parts VII and VIII of Schedule 4.”.

(5) In Schedule 4 (applicable amounts)—

(a) for paragraph 1A(56) substitute—

“1A.   For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—

(a) each of the conditions in paragraph 21 is satisfied in relation to the claimant personally; or

(b) the claimant personally is entitled to a converted employment and support allowance.”;

(b) after paragraph 21(57) insert—

“21A.   Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 and 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance.”; and

(c) after Part VI(58) (amount of components) add—

“PART VII N.I. Transitional addition

27.— (1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—

(a) is entitled to a converted employment and support allowance; or

(b) is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

(i) is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations, and

(ii) is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

(2) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) 5th April 2020.

28.— (1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

(i) paragraph 27(2)(b);

(ii) sub-paragraph (3)(b), or

(iii) paragraph 29(3)(b);

(b) within 104 weeks of that termination but before 5th April 2020 the claimant again becomes entitled to housing benefit;

(c) in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person is entitled to an employment and support allowance which is not income-related;

(d) if the period between the events mentioned in paragraphs (a) and (b) is more than 12 weeks, the intervening period is one to which regulation 145(2) of the Employment and Support Allowance Regulations (linking period where the claimant is a work or training beneficiary) applies in respect of the relevant person; and

(e) at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) 5th April 2020.

29.— (1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

(i) paragraph 27(2)(c);

(ii) paragraph 28(3)(c), or

(iii) sub-paragraph (3)(c);

(b) before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;

(c) either—

(i) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person, or

(ii) the period between the events mentioned in paragraphs (a) and (b) is one to which regulation 145(2) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and

(d) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) 5th April 2020.

PART VIII N.I. Amount of transitional addition

30.— (1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.

(2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—

(a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and

(b) Amount B is the basic amount that applied on that day as a result of that decision.

(3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—

(a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and

(b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.

(4) In this paragraph and paragraph 31 “basic amount” means the aggregate of such amounts as may apply in the claimant’s case in accordance with regulation 20(a) to (e) or 21(a) to (f).

31.— (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.

(2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

(3) Amount C is the basic amount that applies as a result of the increase.

(4) Amount D is the basic amount that applied immediately before the increase.”.

Commencement Information

I11 Sch. 4 para. 1 in operation at 1.10.2010, see reg. 1

PART 2 N.I. AMENDMENT OF THE HOUSING BENEFIT (DECISIONS AND APPEALS) REGULATIONS

Amendment of the Housing Benefit (Decisions and Appeals) Regulations N.I.

2.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(59) are amended in accordance with paragraphs (2) and (4).

(2) In regulation 1(2) (interpretation) after the definition of “Decisions and Appeals Regulations 1999” insert—

““the Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;”.

(3) In regulation 7(2) (decisions superseding earlier decisions)—

(a) in sub-paragraph (h)(60) after “sub-paragraph (j)” insert “, (k) or (l)”;

(b) after sub-paragraph (j)(61) add—

“(k) where—

(i) the claimant has been awarded entitlement to housing benefit,

(ii) the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations, and

(iii) subsequent to the first day of the period to which that entitlement to housing benefit relates, the Department makes a decision to supersede the award of employment and support allowance to award a different component;

(l) where the claimant has been awarded entitlement to housing benefit and subsequent to the first day of the period to which that entitlement relates—

(i) a conversion decision of the kind set out in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations takes effect in respect of the claimant or the claimant’s partner, or

(ii) the claimant is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 as modified by the Employment and Support Allowance (Existing Awards) Regulations.”.

(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

(a) in paragraph (13)(62)—

(i) after “regulation 7(2)(j)” insert “or (k)”, and

(ii) in sub-paragraph (a) after “regulation 7(2)(j)(iii)” insert “or (k)(iii)”; and

(b) after paragraph (13) add—

“(14) Where a decision is superseded in accordance with regulation 7(2)(l) the decision shall take effect—

(a) where the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect on or after 1st April in any year but before 16th April of that year—

(i) from 1st April for a housing benefit award in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations;

(ii) from the first Monday in April for a housing benefit award to which head (i) does not apply;

(b) in any other case, from the day the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect.”.

Commencement Information

I12 Sch. 4 para. 2 in operation at 1.10.2010, see reg. 1

(1)

Section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph (1) was substituted by paragraph 1(2) of the Schedule to S.R. 2006 No. 37

(2)

S.R. 1994 No. 461; regulation 25 was inserted by regulation 2(5) of S.R. 2000 No. 404

(3)

Regulation 18(1) and (2) was amended by regulation 3 of S.R. 2002 No. 86

(4)

S.R. 2000 No. 332 (C. 14); Article 3 was amended by Article 3 of S.R. 2001 No. 114 (C. 4)

(5)

Regulation 32 was amended by regulation 5(4) of S.R. 1995 No. 367, paragraph 2(8) of Schedule 2 to S.R. 2001 No. 175, regulation 11 of S.R. 2003 No. 191, regulation 2 of S.R. 2003 No. 224, regulation 2(7) of S.R. 2003 No. 317, regulation 4 of S.R. 2003 No. 421, regulation 2 of S.R. 2003 No. 527, regulation 3 of S.R. 2008 No. 262 and regulation 13(14) of S.R. 2008 No. 286

(6)

Regulation 147A was inserted by regulation 9(15) of S.R. 2010 No. 200

(7)

Section 44B was inserted by section 7(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))

(8)

S.R. 2001 No. 440; regulation 5A was inserted by regulation 4(5) of S.R. 2010 No. 56 and the reference to regulation 5A(2)(ba) is to the modification made by paragraph 6 of this Schedule

(9)

S.I. 1998/1506(N.I. 10); paragraph 8D was inserted by paragraph 12 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

(10)

S.R. 1995 No. 41; regulation 17 was substituted by regulation 2(4) of S.R. 2006 No. 150 and paragraph (4) was amended by regulation 4 of S.R. 2009 No. 318 and regulation 6(4)(b) of S.R. 2010 No. 200

(11)

The definition of “employment officer” was inserted by regulation 2(2)(a) of S.R. 2000 No. 365

(12)

Paragraph (j) was substituted by regulation 3 of S.R. 2010 No. 200

(13)

Regulation 26C was inserted by regulation 13(13) of S.R. 2008 No. 286

(14)

Paragraph (1B) was inserted by regulation 2 of S.R. 2003 No. 224 and substituted by regulation 2 of S.R. 2003 No. 527

(15)

Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67

(16)

The definition of “applicable amount” was amended by regulation 2(26)(a)(i) of S.R. 1996 No. 354 and regulation 13(18)(a)(i) of S.R. 2008 No. 286

(17)

Sub-paragraph (2) was added by regulation 7(a)(ii) of S.R. 2008 No. 413

(18)

Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22

(19)

S.R. 2001 No. 440; regulation 5A was inserted by regulation 4(5) of S.R. 2010 No. 56

(20)

S.R. 1975 No. 19

(21)

S.I. 1975/493

(22)

S.R. 1975 No. 101

(23)

S.R. 1975 No. 108

(24)

S.R. 1975 No. 113

(25)

S.R. 1976 No. 175

(26)

S.R. 1979 No. 242

(27)

S.R. 1982 No. 263

(28)

S.R. 1987 No. 30

(29)

S.R. 1987 No. 459

(30)

S.R. 1987 No. 465

(31)

S.R. 1988 No. 21

(32)

S.R. 1988 No. 142

(33)

S.R. 1988 No. 368

(34)

S.R. 1992 No. 340

(35)

S.R. 1992 No. 341

(36)

S.R. 1996 No. 198

(37)

S.R. 1996 No. 202

(38)

S.R. 1996 No. 541

(39)

S.R. 1999 No. 162

(40)

S.R. 2000 No. 71

(41)

S.R. 2000 No. 91

(42)

S.R. 2001 No. 17

(43)

S.R. 2001 No. 18

(44)

S.R. 2001 No. 20

(45)

S.R. 2001 No. 102

(46)

S.R. 2002 No. 79

(47)

S.R. 2003 No. 28

(48)

S.R. 2003 No. 405

(49)

S.R. 2005 No. 324

(50)

S.R. 2005 No. 383

(51)

S.R. 2005 No. 506

(52)

S.R. 2006 No. 405; relevant amending Rules are S.R. 2008 No. 378, S.R. 2009 No. 92 and S.R. 2010 No. 118

(53)

The definitions of “contributory employment and support allowance” and “the Employment and Support Allowance Regulations” were inserted by regulation 3(2)(a)(iv) and (v) of S.R. 2008 No. 378

(54)

Regulation 20(e) was added by regulation 3(7) of S.R. 2008 No. 378

(55)

Regulation 21(f) was added by regulation 3(8) of S.R. 2008 No. 378

(56)

Paragraph 1A was inserted by regulation 6(9)(a) of S.R. 2009 No. 92

(57)

Paragraph 21 was added by regulation 3(17)(d) of S.R. 2008 No. 378

(58)

Part VI was added by regulation 3(17)(d) of S.R. 2008 No. 378 and amended by Article 19(8) of S.R. 2010 No. 118

(59)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 No. 418 and S.R. 2008 No.378

(60)

Sub-paragraph (h) was added by regulation 4(4) of S.R. 2003 No. 418 and amended by regulation 2(3)(a) of S.R. 2008 No. 378

(61)

Sub-paragraph (j) was added by regulation 2(3)(b) of S.R. 2008 No. 378

(62)

Paragraph (13) was added by regulation 2(4) of S.R. 2008 No. 378