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The Employment and Support Allowance Regulations (Northern Ireland) 2016
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This version of this provision is prospective.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Employment and Support Allowance Regulations (Northern Ireland) 2016. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 5:
- reg. 5 coming into force by S.R. 2016/219 reg. 1(2)
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- Pt. 8(crossheading)Pt. 8(step)(1) coming into force by S.R. 2016/219 reg. 1(2)
- Pt. 8(crossheading)Pt. 8(step)(2) coming into force by S.R. 2016/219 reg. 1(2)
- reg. 45(2) inserted by S.R. 2022/14 reg. 3(b)
- reg. 62(1)(a)(i) sum substituted by S.R. 2021/82 art. 32(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2022/143 art. 32(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2022/231 art. 31(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2023/143 art. 31(3)(a) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
- reg. 62(1)(a)(i) sum substituted by S.R. 2023/150 art. 31(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2023/27 art. 31(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2023/43 art. 32(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2024/69 art. 30(3)(a)
- reg. 62(1)(a)(i) sum substituted by S.R. 2024/73 art. 31(3)(a)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2021/82 art. 32(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2021/82 art. 32(3)(b)
- reg. 62(1)(a)(ii) sum substituted by S.R. 2022/143 art. 32(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2022/143 art. 32(3)(b)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2022/231 art. 31(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2022/231 art. 31(3)(b)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2023/143 art. 31(3)(a) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2023/143 art. 31(3)(b) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2023/150 art. 31(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2023/150 art. 31(3)(b)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2023/27 art. 31(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2023/27 art. 31(3)(b)
- reg. 62(1)(a)(ii) sum substituted by S.R. 2023/43 art. 32(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2023/43 art. 32(3)(b)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2024/69 art. 30(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2024/69 art. 30(3)(b)
- reg. 62(1)(a)(ii)(aa) sum substituted by S.R. 2024/73 art. 31(3)(a)
- reg. 62(1)(a)(ii)(bb) sum substituted by S.R. 2024/73 art. 31(3)(b)
Prospective
The end of the assessment phaseN.I.
This section has no associated Explanatory Memorandum
5.—(1) Subject to paragraphs (2) and (3) and regulation 6, the assessment phase in relation to a claimant ends on the last day of the relevant period.
(2) Where paragraph (3) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.
(3) This paragraph applies where, at the end of the relevant period—
(a)the claimant has not been assessed in accordance with a limited capability for work assessment; and
(b)the claimant has not been being treated as having limited capability for work in accordance with regulation 16, 21, 22 or 25.
(4) In this regulation “the relevant period” means the period of 13 weeks beginning with—
(a)the first day of the assessment phase as determined under section 24(2)(a) of the Act; or
(b)where that day immediately follows an extended period of sickness, the first day of the extended period of sickness.
(5) In paragraph (4) “extended period of sickness” means a period in which the claimant was—
(a)entitled to a jobseeker’s allowance; and
(b)treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) or regulation 46 of the Jobseeker’s Allowance Regulations (extended periods of sickness).
Commencement Information
I1Reg. 5 in operation at 27.9.2017, see reg. 1(2)
(1)
S.R. 1996 No. 198; Regulation 55ZA was inserted by regulation 2(5) of S.R. 2015 No. 138.
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