Amount of contributory allowanceN.I.
2—(1) In the case of a contributory allowance, the amount payable in respect of a claimant shall be calculated by—
(a)taking such amount as may be prescribed,
(b)if in his case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component, and
(c)making prescribed deductions in respect of any payments to which section 3 applies.
(2) The conditions of entitlement to the support component are—
(a)that the assessment phase has ended,
(b)that the claimant has limited capability for work-related activity, and
(c)that such other conditions as may be prescribed are satisfied.
(3) The conditions of entitlement to the work-related activity component are—
(a)that the assessment phase has ended,
(b)that the claimant does not have limited capability for work-related activity, and
(c)that such other conditions as may be prescribed are satisfied.
(4) Regulations may—
(a)prescribe circumstances in which paragraph (a) of subsection (2) or (3) is not to apply;
(b)prescribe circumstances in which entitlement under subsection (2) or (3) is to be backdated;
(c)make provision about the amount of the component under subsection (2) or (3).
(5) For the purposes of this Part, a person has limited capability for work-related activity if—
(a)his capability for work-related activity is limited by his physical or mental condition, and
(b)the limitation is such that it is not reasonable to require him to undertake such activity.
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Modifications etc. (not altering text)
C1S. 2(1)(c) modified (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 72(1)
C2S. 2(2)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 7(1) (subject to reg. 7(2))
C3S. 2(3)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 7(1) (subject to reg. 7(2))
Commencement Information
I1S. 2 wholly in operation at 27.10.2008; s. 2 not in operation at Royal Assent see s. 60(1); s. 2(1)(a)(c)(4)(a)(c) 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; s. 2 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