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The Employment and Support Allowance Regulations (Northern Ireland) 2016

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Suspension of payment of an employment and support allowance during imprisonment

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97.—(1) Subject to the following provisions of this regulation, the payment of an employment and support allowance to any claimant—

(a)which is excepted from the operation of section 18(4)(b) of the Act by virtue of the provisions of regulation 96(1), (3) or (5); or

(b)which is payable otherwise than in respect of a period during which the claimant is undergoing imprisonment or detention in legal custody,

is suspended while that claimant is undergoing imprisonment or detention in legal custody.

(2) An employment and support allowance is not to be suspended while the claimant is liable to be detained in a hospital or similar institution, as defined in regulation 96(4), during a period for which in the claimant’s case, the allowance is or would be excepted from the operation of section 18(4)(b) of the Act by virtue of regulation 96(3).

(3) Where, by virtue of this regulation, payment of an employment and support allowance is suspended for any period, the period of suspension is not to be taken into account in calculating any period under regulation 50 of the Claims and Payments Regulations 2016 (extinguishment of right to payment if payment is not obtained within the prescribed period).

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