2012 No. 160
The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012
Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 2(4), 4(6), 24(2)(b), 25(2) and 28(2) and paragraphs 1, 4 and 9 of Schedule 2 and paragraphs 1(1), and 7(1) and 8 of Schedule 4 to, the Welfare Reform Act (Northern Ireland) 20071.
Citation and commencement1
These Regulations may be cited as the Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012 and shall come into operation on 1st May 2012.
Amendment of the Employment and Support Allowance Regulations2
1
The Employment and Support Regulations (Northern Ireland) 20082 are amended in accordance with paragraphs (2) to (4).
2
After regulation 5(2)(b)3 (the assessment phase – previous claimants) insert—
c
i
the claimant’s current 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,
iii
the previous period of limited capability for work was terminated by virtue of a determination that the claimant did not have limited capability for work,
iv
the period for which the claimant was previously entitled was no more than 13 weeks, and
v
a determination is made in relation to the current period of limited capability for work that the claimant has or is treated as having limited capability for work, other than under regulation 30; or
d
i
the claimant’s current period of limited capability for work is to be treated as a condition 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,
iii
in relation to the previous award of an employment and support allowance, a determination was made that the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and
iv
the period for which the claimant was previously entitled was no more than 13 weeks.
3
In regulation 7 (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)—
a
for paragraph (1)(b)4 substitute—
b
the case is a relevant linked case;
b
after paragraph (1) insert—
1A
For the purposes of paragraph (1)(b) a relevant linked case is a case mentioned in paragraph (1B) where 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).
1B
Paragraph (1A) applies to the following cases—
a
case 1 is where—
i
the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work, and
ii
the previous period for which the claimant was entitled to an employment and support allowance was terminated other than by virtue of a determination that the claimant did not have limited capability for work;
b
case 2 is where—
i
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,
iii
the previous period for which the claimant was entitled to an employment and support allowance was terminated by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and
iv
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30;
c
case 3 is where—
i
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,
iii
the previous period for which the claimant was entitled to an employment and support allowance was terminated before it could be determined whether the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and
iv
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30; and
d
case 4 is where—
i
the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was terminated because it was determined that the claimant did not have limited capability for work or was treated as not having limited capability for work, and
iii
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30.
4
After regulation 35 (certain claimants to be treated as having limited capability for work-related activity) insert—
Relevant linked cases – limited capability for work-related activity35A
A claimant is to be treated as having limited capability for work-related activity where—
a
they fall within case 1, as defined in regulation 7(1B)(a)5; and
b
in respect of the earlier period of limited capability for work referred to in regulation 7(1B)(a)(i), they had been entitled to a support component under sections 2(2) or 4(4) of the Act.
Amendment of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations3
For regulation 21(5)(c) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 20106 (termination of transitional addition) substitute—
c
in a case to which regulation 145(1) of the Employment and Support Allowance Regulations applies (12 week linking rule), in respect of that earlier period, it was terminated—
i
other than by virtue of a determination that T did not have, or was treated as not having, limited capability for work, or
ii
by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and, in respect of that subsequent claim, it is determined that T has, or is treated as having, limited capability for work, other than under regulation 30 of those Regulations.
Revocation4
Regulation 9(6)(a) of the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 20107 is revoked.
Sealed with the Official Seal of the Department for Social Development on 4th April 2012
(This note is not part of the Regulations)