Amendment of the Employment and Support Allowance Regulations
8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(1) are amended in accordance with paragraphs (2) to (4).
(2) After regulation 7(1)(c)(2) (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(3)(further entitlement after time-limiting).”.
(3) In regulation 144(4) (waiting days) after paragraph 2(d)(5) 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);”.
S.R. 2008 No. 280; relevant amending Regulations are S.R. 2008 Nos.413 and 478; S.R. 2010 Nos. 200 and 312 and S.R. 2012 No. 160.
Regulation 7 was amended by regulation 12 of S.R. 2008 No. 478; regulation 9(6)(a) of S.R. 2010 No. 200 and regulation 2(3) of S. R. 2012 No. 160.
Section 1B was inserted by Article 58(1) of the Welfare Reform (Northern Ireland) Order 2015.
Regulation 144 was amended by regulation 3(25) of S.R. 2008 No. 413 and regulation 25(3) of S.R. 2010 No. 312.
Paragraph 2(d) was added by regulation 3(25)(c) of S.R. 2008 No. 413.