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

Temporary cessation of the underlying benefitN.I.

This section has no associated Explanatory Memorandum

41.—(1) This regulation applies where—

(a)welfare supplementary payment ceases to be paid to a person because an underlying benefit ceases to be paid [F1or welfare supplementary payment would have ceased to be paid for that reason but for the operation of regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b)] ,

(b)the person makes a new claim for that underlying benefit,

(c)that claim is made within 12 weeks of the original underlying benefit ceasing, and

(d)that claim is successful.

(2) Welfare supplementary payment restarts from the date that entitlement to the underlying benefit restarts [F2or, if that date is in the administrative period, from the end of the administrative period] .

(3) The period between welfare supplementary payment ceasing [F3(whether because an underlying benefit ceases to be paid or under regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b))] and restarting [F4(under paragraph (2))] counts towards the maximum 1 year period in which welfare supplementary payment is payable.

(4) Subject to paragraph (5), where a person is a member of a couple, paragraph (1)(b) is satisfied if either member of the couple makes the claim.

(5) Paragraph (4) does not apply if the other member of the couple was not entitled to personal independence payment on the [F5[F6first day of the year] given by regulation 8(2), 17(2), 24(2), 30(2) or 36(2)] .

(6) In this regulation “underlying benefit” means income support, income-based jobseeker's allowance (within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995), employment and support allowance (under section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007), working tax credit or state pension credit.

[F7(7) The references in paragraphs (1) and (3) to regulations 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) and 36(3)(b) are references to those provisions as they were in force at the date on which the underlying benefit ceased to be paid.]

Textual Amendments