PART 3 AMENDMENTS TO SECONDARY LEGISLATION

21 Amendment of the Employment and Support Allowance Regulations
1 The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (16).
S.R. 2008 No. 280; relevant amending Regulations are S.R. 2010 Nos. 69, 200, 346 and 347
2 In regulation 2(1) (interpretation)—
(a) after the definition of “carer’s allowance” insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”

;
(b) in the definition of” qualifying person” after “the Skipton Fund” insert “, the Caxton Foundation”; and
The definition of “qualifying person” was amended by regulation 10(3)(a) of S.R. 2010 No. 69
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 21(2)(c) revoked (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), reg. 1(1), Sch.
3 In regulation 8(1) (relaxation of the first contribution condition), for sub-paragraph (b) substitute—

“(b) the claimant has—
(i) earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or
(ii) earnings factors in that tax year derived from Class 2 contributions multiplied by 26.”

.
Sub-paragraph (b) was substituted by regulation 3(3)of S.R. 2010 No. 346
4 In regulation 20(c) (certain claimants to be treated as having limited capability for work), for “by reason of the claimant being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with,”.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 21(5) revoked (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), reg. 1(1), Sch.
6 In—
(a) regulation 22(2)(b); and
(b) regulation 37(2)(b)—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 21(6)(b)(i) revoked (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), reg. 1(1), Sch.
(ii) for “2 weeks have” substitute “1 week has”.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 21(7) revoked (1.7.2013) by The Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/167), regs. 1(1), 9
8 In—
(a) regulation 107(5)(a) (notional income – income due to be paid or income paid to or in respect of a third party);
Paragraph 5(a) was amended by regulation 10(3)(b) and (5)(a) of S.R. 2010 No. 69
(b) regulation 112(8) (income treated as capital);
Regulation 112(8) was amended by regulation 10(3)(c) and (5)(b) of S.R. 2010 No. 69
(c) Schedule 6 (housing costs) paragraph 19(8)(b);
Sub-paragraph (8)(b) was amended by regulation 10(3)(e) and (5)(d) of S.R. 2010 No. 69
(d) Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 21(2) and 40(1); and
Sub-paragraph (2) was amended by regulation 10(3)(f) of S.R. 2010 No. 69
Sub-paragraph (1) was amended by regulation 10(3)(f) and (5)(e) of S.R. 2010 No. 69
(e) Schedule 9 (capital to be disregarded) paragraph 31,
Paragraph (31) was amended by regulation 10(3)(g) of S.R. 2010 No. 69
after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
9 In—
(a) regulation 115(5)(a) (notional capital);
Sub-paragraph (a) was amended by regulation 10(3)(d) and (5)(c) of S.R. 2010 No. 69
(b) Schedule 8 paragraph 40(7); and
Sub-paragraph (7) was amended by regulation 10(3)(f) of S.R. 2010 No. 69
(c) Schedule 9 paragraph 27(1) and (7),
Sub-paragraphs (1) and (7) were both amended by regulation 10(3)(g) and sub-paragraph (1) was further amended by regulation 10(5)(f) of S.R. 2010 No. 69
after “the Skipton Fund” insert “, the Caxton Foundation”.
10 In regulation 147A(5) (claimants appealing a decision)—
(a) in sub-paragraph (c) for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(9) of the Decisions and Appeals Regulations (making of appeals and applications);”; and
S.R. 1999 No. 162; regulation 33(9) was added by regulation 6(10) of S.R 2000 No. 215 and amended by regulation 2(10)(b) of S.R 2002 No. 189
(b) after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”.
Regulation 147A was inserted by regulation 9(15) of S.R. 2010 No. 200
11 After regulation 147A(5) insert—

“5A The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Department either—
(a) receives the clerk of the appeal tribunal’s notification that the appeal is dismissed, withdrawn or struck out, or
(b) discontinues action on an appeal in the circumstances to which regulation 33(9) (Decisions and Appeals) Regulations applies.”

.
12 In regulation 148(3) (work or training beneficiaries) after the definition of “linking term” insert—

““most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) or (2) (linking rules);”

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Paragraph (3)was amended by regulation 6(2)(b) of S.R. 2010 No. 347
13 In regulation 161(1)(a) (suspension of payment of a contributory allowance during imprisonment) for “(2)” substitute “(1)”.
14 In Schedule 4 (amounts), in paragraph 6 (severe disability premium) in—
(a) sub-paragraph (2)(a)(i); and
(b) sub-paragraph (2)(b)(i),
after “care component” insert “or attendance allowance”.
15 In Schedule 6, paragraph 15 (linking rules) in sub-paragraphs (4)(b) and (17) after “income” insert “equal to or”.
Reg. 21 in operation at 31.10.2011, see reg. 1(1)