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

Transitional addition: incapacity benefit or severe disablement allowance N.I.

10.—(1) This regulation applies to any notified person who is entitled to an existing award of incapacity benefit or severe disablement allowance and for the purpose of this regulation it is irrelevant whether the person is also entitled to any existing award of income support.

(2) In any case falling within paragraph (1)—

(a) the notified person shall be entitled to a transitional addition if Amount A exceeds Amount B; and

(b) the amount of transitional addition to which the notified person is entitled under this paragraph shall be equal to the amount of any such excess.

(3) Amount A is the amount of the weekly rate of the existing award applicable to the notified person.

(4) To calculate Amount B—

(a) take the amount prescribed under regulation 67(2) of the Employment and Support Allowance Regulations (prescribed amounts for the purpose of calculating a contributory allowance) which is applicable to the notified person; and

(b) add the amount of the applicable component determined in accordance with regulation 12(5).

(5) In paragraph (3), the reference to the weekly rate of an existing award applicable to the notified person is to—

[F1 (a) in the case of incapacity benefit, the weekly rate payable—

(i) under section 30B(2), (6) or (7) of the Contributions and Benefits Act (incapacity benefit: rate), subject to any deduction made in accordance with section 42(3) of the Pension Schemes (Northern Ireland) Act 1993,

(ii) under section 40(5) or 41(4) of the Contributions and Benefits Act (long-term incapacity benefit for widows and for widowers),

(iii) under section 80, 81 or 86A of that Act (incapacity benefit: beneficiary’s dependent children; restrictions on increase – child not living with beneficiary, etc; and increase for adult dependants),

(iv) by virtue of regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (transitional awards of short-term incapacity benefit), or

(v) by virtue of regulation 17(1) or 17A of those Regulations (transitional awards of long-term incapacity benefit or awards of incapacity benefit in cases where periods of interruption of employment and periods of incapacity for work link); or]

(b) in the case of severe disablement allowance, the weekly rate payable under [F2 sections 68(7), 69(1) and 90] of the Contributions and Benefits Act(1).

[F3 (6) Subject to paragraph (7), in determining the weekly rate of incapacity benefit or severe disablement allowance for the purposes of paragraph (5) the following amounts shall be disregarded—

(a) any relevant deduction; and

(b) any other deduction relating to the existing award which is made by virtue of the Contributions and Benefits Act, the Administration Act, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 or any other statutory provision which is amended by Schedule 3 to the Act or by virtue of regulations made under those statutory provisions.]

Textual Amendments

F1 Reg. 10(5)(a) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(a)(i)

F2 Words in reg. 10(5)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(a)(ii)

F3 Reg. 10(6)(7) added (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(b)

Commencement Information

I1 Reg. 10 in operation at 1.10.2010, see reg. 1

(1)

Sections 68 and 69 were repealed by Part IV of Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)). See Article 4 of S.R. 2000 No. 332 (C. 14) for savings provisions