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The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 and shall come into operation on 28th November 2016.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Credits) Regulations

2.  After regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations (Northern Ireland) 1975(2) (credits for incapacity for work or limited capability for work) insert—

(iva)would have been a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act where the person concerned would have been entitled to an employment and support allowance but for the application of section 1A of that Act (duration of contributory allowance)(3); or.

Amendment of the Income Support Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 13(3)(b)(iv)(5) (circumstances in which persons in relevant education are to be entitled to income support) after “support component” insert “or who would be entitled to an employment and support allowance including a work-related activity component but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”.

(3) For paragraph 1(3)(d) of Schedule 3(6) (housing costs) substitute—

(d)who—

(i)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), or

(ii)would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance)..

Amendment of the Jobseeker’s Allowance Regulations

4.  For paragraph 1(3)(e) of Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7) (housing costs) substitute—

(e)who—

(i)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), or

(ii)would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance)..

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

5.  After regulation 3(5I) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(8) (revision of decisions) insert—

(5J) Where—

(a)a decision to terminate a person’s entitlement to a contributory employment and support allowance is made because of section 1A of the Welfare Reform Act (duration of contributory allowance); and

(b)it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity,

the decision to terminate that entitlement may be revised..

Amendment of the State Pension Credit Regulations

6.  In paragraph 1(2)(b)(iv) of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003(9) (housing costs) after “(components)” insert “or would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance)”.

Amendment of the Housing Benefit Regulations

7.—(1) In Schedule 4 to the Housing Benefit Regulations (Northern Ireland) 2006(10) (applicable amounts) after “converted employment and support allowance” where it appears in the paragraphs mentioned in paragraph (2), insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”.

(2) The paragraphs are—

(a)1A(b)(11) (personal allowances);

(b)21A(12) (the components); and

(c)27(1)(a)(13) (transitional addition).

Amendment of the Employment and Support Allowance Regulations

8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(14) are amended in accordance with paragraphs (2) to (4).

(2) After regulation 7(1)(c)(15) (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) add—

; or

(d)the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act(16)(further entitlement after time-limiting)..

(3) In regulation 144(17) (waiting days) after paragraph 2(d)(18) add—

; or

(e)the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act (further entitlement after time-limiting)..

(4) For paragraph 1(3)(a) of Schedule 6 (housing costs) substitute—

(a)(i)in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii)where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowance including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of the Act (duration of contributory allowance);.

Amendment of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations

9.—(1) The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(19) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 7(qualifying for conversion)—

(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (3)”; and

(b)after paragraph (2) add—

(3) Where P would be entitled to an award of an employment and support allowance under the Act but for the application of section 1A of that Act (duration of contributory allowance) and it had been determined in respect of the entitlement that had ceased that P—

(a)had limited capability for work; or

(b)was to be treated as having limited capability for work, other than by virtue of regulation 30 of the Employment and Support Allowance Regulations,

in relation to the conversion of P’s existing award, P is to be taken as having satisfied the condition set out in section 1(3)(a) of the Act (limited capability for work)..

(3) In regulation 21 (termination of transitional addition)—

(a)in paragraph 1(b) after “(3)” insert “, (3A)”;

(b)after paragraph (3) insert—

(3A) Any termination of T’s entitlement to a transitional addition under regulation 10(2)(a) (transitional addition: incapacity benefit or severe disablement allowance) shall instead have effect as a suspension of that entitlement in Case 1A.;

(c)after paragraph (5) insert—

(5A) Case 1A is where—

(a)T was previously entitled to a contributory allowance;

(b)entitlement to that previous allowance terminated by virtue of section 1A of the Act (duration of contributory allowance);

(c)on a subsequent claim made by T for an employment and support allowance, a period of limited capability for work is treated under regulation 145(1) of the Employment and Support Allowance Regulations (linking rules) as a continuation of an earlier period of limited capability for work; and

(d)it is determined in relation to the subsequent claim that T has, or is treated as having, limited capability for work-related activity.; and

(d)in paragraph (7) after “Cases 1” insert “, 1A”.

(4) In Schedule 2 (modification of statutory provisions: after the conversion phase) after paragraph 1(b)(20) insert—

(ba)(i)in relation to awards of an employment and support allowance to persons previously entitled to existing awards, the application of section 1A (duration of contributory allowance) is modified in accordance with paragraph (ii),

(ii)section 1A is to be read as if there were substituted—

1A.(1) The period for which a person is entitled to a contributory allowance shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by virtue of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.

(2) In subsection (1) the “relevant maximum number of days” is—

(a)365 days, or

(b)if the Department by order specifies a greater number of days, that number of days.

(3) The fact that a person’s entitlement to a contributory allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further allowance if he satisfies the first and second conditions set out in Part 1 of Schedule 1.

(4) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—

(a)days in which the person is a member of the support group, and

(b)days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b) (amount of contributory allowance).

(5) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into operation of this section are to be counted (as well as those occurring afterwards)...

Signed by authority of the Secretary of State for Work and Pensions

Priti Patel

Minister of State,

Department for Work and Pensions

17th March 2016

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