Amendment of the Employment and Support Allowance RegulationsI125
1
The Employment and Support Allowance Regulations (Northern Ireland) 200895 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation) in the definition of “the benefit Acts” for “and Part 1 of the Act” substitute “, Part 1 of the Act and the Pensions Act (Northern Ireland) 2015”.
3
After paragraph 3 of Schedule 7 (sums to be disregarded in the calculation of earnings) insert—
3A
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
a
on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015; or
b
the only reason the partner is not entitled to a state pension under Part 1 of that Act is because the partner does not have the minimum number of qualifying years.