4—(1) The third condition is that—N.I.
(a)the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,
(b)he is not receiving full-time education,
(c)he satisfies such conditions as may be prescribed with respect to residence or presence in Northern Ireland (or both), and
(d)there has been a day in the relevant period of limited capability for work—
(i)which was a day on which he was aged at least 16, and
(ii)which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.
(2) In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.
(3) Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).
(4) Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.
Modifications etc. (not altering text)
C1Sch. 1 para. 4(1)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 10(1)
C2Sch. 1 para. 4(1)(a) excluded (27.9.2017 and further specified dates for specified purposes) by The Employment and Support Allowance Regulations(Northern Ireland) 2016 (S.R. 2016/219), regs. 1(2), 11(1)
Commencement Information
I1Sch. 1 para. 4 wholly in operation at 27.10.2008; Sch. 1 para. 4 not in operation at Royal Assent see s. 60(1); Sch. 1 para. 4(1)(a)(c)(3)(4) in operation for certain purposes at 1.7.2008 and wholly in operation at 27.10.2008 by S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1; Sch. 1 para. 4 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2