The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Amendment of the Social Security (Claims and Payments) Regulations N.I.

7.  In Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) (deductions from benefits and direct payment to third parties)—

(a) renumber paragraph 1 as sub-paragraph (1) of paragraph 1 and—

(i) in that sub-paragraph in the definition of “specified benefit”(2) for paragraph (b) substitute—

“(b) in all other cases means—

(i) incapacity benefit, income support, jobseeker’s allowance, retirement pension, severe disablement allowance, state pension credit, widow’s pension or widowed mother’s allowance, or

(ii) subject to sub-paragraph (2), employment and support allowance,”, and

(ii) after that sub-paragraph add—

“(2) For the purposes of paragraph (b) of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

(a) income-related employment and support allowance; and

(b) in a case where, if there were no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance.”;

(b) in paragraph 3(1)(3) (housing costs) after “employment and support allowance” insert “within the meaning given in paragraph 1(2)”; and

(c) in paragraph 6A(12)(4) (water charges) for head (b) substitute—

“(b) “employment and support allowance” has the same meaning as in paragraph 1(2).”.

Commencement Information

I1 Reg. 7 in operation at 27.10.2008, see reg. 1(1)

(1)

S.R. 1987 No. 465; relevant amending Rules are S.R. 1988 No. 67, S.R. 1996 No. 354, S.R. 1999 No. 472 (C. 36), S.R. 2003 No. 191, S.R. 2007 Nos. 206 and 330 and S.R. 2008 No. 286

(2)

The definition of “specified benefit” was substituted by regulation 2(a)(iii) of S.R. 2007 No. 206 and amended by regulation 2(a)(ii) of S.R. 2007 No. 330 and regulation 13(18)(a)(iv) of S.R. 2008 No. 286

(3)

Paragraph 3(1) was substituted by regulation 2(26)(b) of S.R. 1996 No. 354 and amended by Article 9(2) of S.R. 1999 No. 472 (C. 36), regulation 14(1)(b)(i) of S.R. 2003 No. 191 and regulation 13(18)(b)(i) of S.R. 2008 No. 286

(4)

Paragraph 6A was inserted by regulation 2(e) of S.R. 2007 No. 206 and amended by regulation 13(18)(e) of S.R. 2008 No. 286