The Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016

Eligibility (couples: enhanced disability premium)N.I.

This section has no associated Explanatory Memorandum

21.—(1) A person (A) is entitled to welfare supplementary payment under this Part if—

(a)A is a member of a couple with another person (B),

(b)A meets the ESA entitlement condition,

(c)A meets the disability-related premium entitlement condition in respect of enhanced disability premium,

(d)A or B meet the PIP refusal condition, and

(e)A meets the termination of disability-related premium condition.

(2) The ESA entitlement condition is that the person is in receipt of employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007 on the transition date.

(3) The disability-related premium entitlement condition in respect of enhanced disability premium is that the person is in receipt of enhanced disability premium under paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 on the transition date.

(4) The PIP refusal condition is that following a transitional assessment determination, the person is refused personal independence payment, or the component of personal independence payment, that is a condition for entitlement to disability-related premium.

(5) The termination of disability-related premium condition is that, in consequence of the PIP refusal condition, the decision of the Department to award disability-related premium is superseded by a decision to not award disability-related premium.