The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

5.  The Claims and Payments Regulations are to be read as if—

(a) in regulation 2(1) after the definition of “employment officer”(1) there were inserted—

“the Existing Awards Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;”;

(b) in regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (j)(2) there were added—

“(k) the beneficiary—

(i) has made and is pursuing an appeal against a conversion decision made by virtue of the Existing Awards Regulations which embodies a determination that the beneficiary does not have limited capability for work; or

(ii) was entitled to an employment and support allowance by virtue of the Existing Awards Regulations and has made and is pursuing an appeal against a later decision which embodies a determination that the beneficiary does not have limited capability for work;

(l) in the case of an employment and support allowance where the beneficiary is entitled to an existing award which is subject to conversion under the Existing Awards Regulations.”;

(c) in regulation 26C(3) (employment and support allowance) any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under the Existing Awards Regulations;

(d) in regulation 32(1B)(4) (information to be given and changes to be notified)—

(i) the word “or” at the end of sub-paragraph (a) were omitted, and

(ii) after that sub-paragraph, there were inserted—

“(ab) the amount of any transitional addition to which the beneficiary is entitled under the Existing Awards Regulations; or”;

(e) in Schedule 8A(5) (deductions from benefits and direct payment to third parties) in paragraph 1 (interpretation)—

(i) in sub-paragraph (1) in the definition of “applicable amount”(6), after “Employment and Support Allowance Regulations;” there were inserted “in the case of an income-related employment and support allowance by virtue of the Existing Awards Regulations it means the aggregate of the amounts for the family as determined under regulation 67(1)(a), (b) and (d) or 68(1)(a) to (c) and (e) of the Employment and Support Allowance Regulations as modified by paragraph 4(f) and (g) of Schedule 2 to the Existing Awards Regulations and”,

(ii) in sub-paragraph (2)(7) after ““employment and support allowance” means”, there were inserted “(subject to sub-paragraph (3))”, and

(iii) after sub-paragraph (2) there were added—

“(3) In the application of sub-paragraph (2) to a beneficiary whose award of an employment and support allowance is by virtue of the Existing Awards Regulations, any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations.

(4) Where a specified benefit awarded to a beneficiary is subject to conversion under the Existing Awards Regulations and—

(a) immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and

(b) with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the Existing Awards Regulations,

any deduction falling within head (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.”;

(f) in Schedule 8C(8) (deductions from benefit in respect of child support maintenance and payment to persons with care)—

(i) in paragraph 1 (interpretation), the existing provision becomes sub-paragraph (1), and

(ii) after that sub-paragraph there were added—

“(2) In the application of this Schedule to a beneficiary whose award of an employment and support allowance is by virtue of the Existing Awards Regulations, any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations.

(3) Where a specified benefit awarded to a beneficiary is subject to conversion under the Existing Awards Regulations and—

(a) immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and

(b) with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the Existing Awards Regulations,

any deduction falling within head (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.”.

(1)

The definition of “employment officer” was inserted by regulation 2(2)(a) of S.R. 2000 No. 365

(2)

Paragraph (j) was substituted by regulation 3 of S.R. 2010 No. 200

(3)

Regulation 26C was inserted by regulation 13(13) of S.R. 2008 No. 286

(4)

Paragraph (1B) was inserted by regulation 2 of S.R. 2003 No. 224 and substituted by regulation 2 of S.R. 2003 No. 527

(5)

Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67

(6)

The definition of “applicable amount” was amended by regulation 2(26)(a)(i) of S.R. 1996 No. 354 and regulation 13(18)(a)(i) of S.R. 2008 No. 286

(7)

Sub-paragraph (2) was added by regulation 7(a)(ii) of S.R. 2008 No. 413

(8)

Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22