Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the State Pension Credit Regulations

30.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 1(2) (interpretation)—

(a)after the definition of “the 1972 Order” insert—

“the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;;

(b)after the definition of “the Computation of Earnings Regulations”(2) insert—

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);;

(c)after the definition of “the Eileen Trust” insert—

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;; and

(d)after the definition of “the Housing Benefit (State Pension Credit) Regulations”(3) insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);.

(3) In regulation 9 (qualifying income for the purposes of savings credit) after paragraph (f) add—

(g)contributory employment and support allowance..

(4) In regulation 13A(1)(a)(4) (part-weeks) after “income support” insert “, an income-related employment and support allowance”.

(5) In regulation 13B(1) (date on which benefits are treated as paid) after sub-paragraph (d) add—

(e)contributory employment and support allowance..

(6) In regulation 15(4)(5) (income for the purposes of the Act) after sub-paragraph (c) add—

(d)section 3 of the Welfare Reform Act (deductions from contributory allowance)..

(7) In paragraph 6(6) of Schedule 1 (amount applicable for former claimants of income support or income-based jobseeker’s allowance)—

(a)in the heading for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”;

(b)in sub-paragraph (2) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;

(c)in sub-paragraph (5)—

(i)omit “or” after head (a),

(ii)after head (b) insert—

or

(c)for the purposes of determining his entitlement to income-related employment and support allowance,, and

(iii)in head (v) after “Income Support Regulations” insert “, paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations”; and

(d)in sub-paragraph (10)(a)(7) after “Jobseeker’s Allowance Regulations” insert “or paragraph 20(2) of Schedule 6 to the Employment and Support Allowance Regulations”.

(8) In Schedule 2 (housing costs)—

(a)in paragraph 1 (housing costs)—

(i)in sub-paragraph (2) in paragraph (b) of the definition of “disabled person”(8) after head (iii) add—

or

(iv)who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components);, and

(ii)in sub-paragraph (3)(9) after “disqualification etc.)” add “or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)”;

(b)in paragraph 5 (housing costs not met)—

(i)in sub-paragraph (4) after “income-based jobseeker’s allowance” in each place where it occurs insert “, income-related employment and support allowance”, and

(ii)in sub-paragraph (5)(10) for “or state pension credit” substitute “, state pension credit or income-related employment and support allowance”;

(c)in paragraph 7 (the calculation for loans)—

(i)in sub-paragraph (4A)(a)(11) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”,

(ii)in sub-paragraph (4B)—

(aa)omit “or” after head (a), and

(bb)after head (b) for “and” substitute—

or

(c)where the earlier entitlement was to an income-related employment and support allowance, if their applicable amount included an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations as applicable to them in respect of a loan which qualifies under paragraph 16 to 18 of that Schedule, and;

(d)in paragraph 10(10) (excessive housing costs) for “and income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance and income-related employment and support allowance”; and

(e)in paragraph 14(7) (persons residing with the claimant) after head (f)(12) add—

(g)if he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components)..

(9) In Schedule 5 (income from capital)—

(a)in paragraph 20(2)(13) after head (n) add—

(o)income-related employment and support allowance.;

(b)in paragraph 20A(2)(14)—

(i)omit “or” after head (b), and

(ii)after head (c) add—

or

(d)paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,.

(10) In paragraph 4 of Schedule 6 (sums disregarded from claimant’s earnings)—

(a)in sub-paragraph (1)(a)—

(i)omit “or” after sub-head (vi), and

(ii)after sub-head (vi) add—

(vii)employment and support allowance, or;

(b)in sub-paragraph (2) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(2)

The definition was inserted by regulation 4 of S.I. 2003/2175

(3)

The definition was inserted by regulation 5 of, and paragraph 11(2) of Schedule 2 to S.R. 2006 No. 407

(4)

Regulations 13A and 13B were inserted by regulation 23(3) of S.R. 2003 No. 191

(5)

Regulation 15(4) was amended by regulation 7(3) of S.R. 2005 No. 580

(6)

Paragraph 6 was amended by regulation 23(6) of S.R. 2003 No. 191 and regulation 5(3) of S.R. 2006 No. 97

(7)

Sub-paragraph (10) was added by regulation 23(6) of S.R. 2003 No. 191

(8)

The definition of “disabled person” was amended by regulation 7(4)(a) of S.R. 2005 No. 580, regulation 5(4)(a) of S.R. 2006 No. 97 and regulation 5(4)(a) of S.R. 2006 No. 128

(9)

Sub-paragraph (3) was amended by regulation 5(4)(b) of S.R. 2006 No. 97

(10)

Sub-paragraph (5) was amended by regulation 5 of S.R. 2008 No. 112

(11)

Sub-paragraphs (4A) and (4B) were inserted by regulation 23(7)(b)(iii) of S.R. 2003 No. 191

(12)

Head (f) was added by regulation 6(5)(b)(ii)(bb) of S.R. 2004 No. 394

(13)

Paragraph 20(2) was amended by regulation 2(11)(e) of S.R. 2003 No. 421

(14)

Paragraph 20A was inserted by regulation 23(9)(b) of S.R. 2003 No. 191, substituted by regulation 2(11) of S.R. 2003 No. 421 and amended by paragraph 11(6) of Schedule 2 to S.R. 2006 No. 407

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources