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The Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008

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Claim for an existing benefit

2.—(1) Subject to paragraphs (2) and (3), a claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.

(2) Paragraph (1) does not apply to—

(a)a claim for incapacity benefit or severe disablement allowance relating to a period of incapacity for work which is one of two periods treated as one period of incapacity for work under section 30C(1)(c) of the Contributions and Benefits Act(1) (linking rules);

(b)a claim made by a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2) (welfare to work beneficiary); or

(c)a claim for income support on the grounds of disability where—

(i)the claimant was previously entitled to income support on the grounds of disability for a period of 4 or more consecutive days, and

(ii)the claimant ceased to be entitled to income support on the grounds of disability not more than 8 weeks before the commencement of the period in respect of which the current claim is made.

(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for severe disablement allowance, maternity allowance or carer’s allowance under regulation 9(1) of, and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(3) (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative).

(1)

Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and applies to severe disablement allowance by virtue of regulation 2(3) of S.R. 1984 No. 317 as substituted by regulation 2(2)(c) of S.R. 1994 No. 462

(2)

S.R. 1995 No. 41; regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(6) of S.R. 2000 No. 4, regulation 2(2) of S.R. 2006 No. 150 and regulation 12(3) of S.R. 2006 No. 359

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