SCHEDULE 1Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Amendment of the Housing Benefit Regulations (Northern Ireland) 20066

1

The Housing Benefit Regulations (Northern Ireland) 2006 M1 are amended in accordance with paragraphs (2) to (8).

2

In regulation 2(1)(interpretation) after the definition of “member of the armed forces away on operations” insert—

“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

a

Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 other than by virtue of regulation 30 of those regulations; or

b

Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 other than by virtue of regulation 26 of those regulations;

3

In regulation 20 (applicable amounts) for paragraph (e) substitute—

e

the amount of the support component which may be applicable to him in accordance with Part V of Schedule 4 (the component);

4

In regulation 21 (polygamous marriages) for paragraph (f) substitute—

f

the amount of the support component which may be applicable to him in accordance with Part V of Schedule 4 (the component);

5

In regulation 25(11) (treatment of childcare charges)—

a

in sub-paragraph (a) for “the work-related activity component” substitute “ the other member is a member of the work-related activity group ”; and

b

in sub-paragraph (ba) for “the work-related activity component” substitute “ the other member would be a member of the work-related activity group ”.

6

In regulation 72(8)(a) (non-dependant deductions)—

a

omit “and the work-related activity component”;

b

at the end insert “ or where the non-dependant is not a member of the work-related activity group ”.

7

In Schedule 4 (applicable amounts)—

a

in Part V (the components)—

i

in the heading, for “components” substitute “ component ”;

ii

in paragraph 21(1)—

aa

for “one, but not both, of the components in paragraph 23 or” substitute “ the component in paragraph ”;

bb

for paragraph (b) substitute—

b

the Department has determined that that the claimant or the claimant's partner has or is treated as having limited capability for work-related activity;

cc

in paragraph (c)(ii) omit “the work-related activity component”;

iii

in paragraph 22(1) and (2) omit “23 or”;

iv

omit paragraph 23; and

b

in Part VI (amount of components)—

i

in the heading for “components” substitute “ component ”;

ii

omit paragraph 25.

8

In Schedule 5 (sums to be disregarded in the calculation of earnings)—

a

in paragraph 3(2)—

i

omit “, work-related activity component”;

ii

after “Schedule 4” insert “ or where the claimant or the claimant's partner is a member of the work-related activity group ”; and

b

in paragraph 17(2)(b)(iv)—

i

in paragraph (aa)—

aa

omit “, the work-related activity component under paragraph 23;”;

bb

after “of Schedule 4” insert “ , or the claimant or the claimant's partner is a member of the work-related activity group ”;

ii

in paragraph (bb)—

aa

omit “, the work-related activity component”;

bb

for the words from “and is engaged” to the end substitute “ or at least one of the couple is a member of the work-related activity group; or ”.