xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. 1 (ss. 1-29) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
C2Pt. 1 (ss. 1-29) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
C3Pt. 1 (ss. 1-29) applied (with modifications) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 123(6A)(6B) (as inserted (prosp.) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 5(1)(b), 36(2))
1—(1) An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.
(2) Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and either—
(a)the first and the second conditions set out in Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in that Part of that Schedule (condition relating to youth), or
(b)the conditions set out in Part 2 of that Schedule (conditions relating to financial position).
(3) The basic conditions are that the claimant—
(a)has limited capability for work,
[F1(aa)has accepted a claimant commitment,]
(b)is at least 16 years old,
(c)has not reached pensionable age,
(d)is in Northern Ireland,
(e)is not entitled to income support, and
(f)is not entitled to a jobseeker's allowance (and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).
[F2(3A) After the coming into operation of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).]
(4) For the purposes of this Part, a person has limited capability for work if—
(a)his capability for work is limited by his physical or mental condition, and
(b)the limitation is such that it is not reasonable to require him to work.
(5) An employment and support allowance is payable in respect of a week.
(6) In subsection (3)—
“joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of Article 3(2B) of the Jobseekers Order;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (NI 22).
[F3(6A) In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Order.]
(7) In this Part—
“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a);
“
” means an employment and support allowance entitlement to which is based on subsection (2)(b).Textual Amendments
F1S. 1(3)(aa) inserted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 60(2); S.R. 2016/215, art. 2(3)(b); S.R. 2017/190, art. 9 (with arts. 10-25)
F2S. 1(3A) inserted (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 59; S.R. 2016/46, art. 3(2)(b)(ii)
F3S. 1(6A) inserted (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 56; S.R. 2016/46, art. 3(2)(b)(i)
Commencement Information
I1S. 1 wholly in operation at 27.10.2008; s. 1 not in operation at Royal Assent see s. 60(1); s. 1 in operation for certain purposes at 1.7.2008 and 27.10.2008 by S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1; s. 1 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