The Employment and Support Allowance Regulations (Northern Ireland) 2008

Advance awards

146.—(1) Where section 5 of the Act (advance award of income-related allowance) applies to a claim and the claimant satisfies the conditions in paragraph (2)—

(a) the claim is to be treated as if made for a period from the relevant day; and

(b) the Department may award an employment and support allowance from the relevant day.

(2) The conditions are that—

(a) the Department is of the opinion that unless there is a change of circumstances the claimant will satisfy the conditions set out in section 1(3)(b) to (f) of, and Part 2 of Schedule 1 to, the Act when an income-related allowance becomes payable under the award; and

(b) the claimant is treated as having limited capability for work in accordance with regulation 20, 25, 26, 29 or 33(2) for the period before an income-related allowance becomes payable under the award.

(3) Where an award is made under paragraph (1)—

(a) the award for an employment and support allowance shall become payable on the date on which the claimant would have been entitled to a main phase employment and support allowance if the claimant had satisfied the condition in paragraph 6(1)(a) of Schedule 1 to the Act before the relevant day;

(b) section 4(4)(a) or (5)(a) of the Act does not apply to that award.

(4) In this regulation the “relevant day” is the day after the end of a period of 13 weeks beginning on the first day on which the claimant would be entitled to an income-related allowance if the claimant satisfied the condition in paragraph 6(1)(a) of Schedule 1 to the Act.