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The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations (Northern Ireland) 2017

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Citation and commencement

1.  These Regulations may be cited as the Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations (Northern Ireland) 2017 and shall come into operation on 31st July 2017.

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988

2.  In regulation 1(2) (interpretation) of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(1) in the definitions of “member of the support group” and “member of the work-related activity group” for “claimant” substitute “person”.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

3.  In paragraph 1(3)(e)(i) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(2) after “(component)” insert “or who is a member of the work-related activity group”.

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

4.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(3) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1)(interpretation)—

(a)in the definition of “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group,”; and

(b)in the definition of “member of the work-related activity group” for “claimant” substitute “person”.

(3) In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a)omit “23 or”; and

(b)after “of that Schedule” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”.

(4) In regulation 72(8)(a) (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.

(5) In paragraph 1A(a) of Schedule 4 (applicable amounts) after “personally” insert “or the claimant is personally a member of the work-related activity group”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

5.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(interpretation)—

(a)in the definition of “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group”; and

(b)in the definition of “member of the work-related activity group” for “claimant” substitute “person”.

(3) In regulation 53(8) (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

6.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(5) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation)—

(a)in the definition of “main phase employment and support allowance” after “Act” insert “or the claimant is a member of the work-related activity group”; and

(b)after the definition of “member of Her Majesty’s forces” insert—

“member of the work-related activity group” means a person who has or is treated as having limited capability for work under Part 5 of these Regulations other than by virtue of regulation 30 of these Regulations;.

(3) In regulation 7(1B) (circumstances where the condition that the assessment phase has ended before entitlement to the support component arises does not apply)—

(a)in sub-paragraph (a)(i) after “2(2) and 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”; and

(b)in sub-paragraph (d)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”.

(4) In column (1) of paragraph 1 of Part 1 of Schedule 4 (amounts)—

(a)in sub-paragraph (1)(a) after “2(2) or 4(4) of the Act” insert “or who is a member of the work-related activity group”;

(b)in sub-paragraph (2)(a) after “4(4) of the Act” insert “or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”; and

(c)in sub-paragraph (3)(c), (f) and (g) after “4(4) of the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”.

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2016

7.  In regulation 62(1)(a) and (b) (prescribed amounts) of the Employment and Support Allowance Regulations (Northern Ireland) 2016(6) after “the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 1 of Schedule 1 to the Act”.

Amendment of the Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017

8.  In Schedule 2 to the Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017(7) (employment and support allowance: transitional and savings provisions)—

(a)in paragraph 1(2), in the definition for “a claim”—

(i)for ““a claim”” substitute ““claim””, and

(ii)before “in accordance” insert “made”; and

(b)in paragraph 4 (claimants on incapacity benefits who have or will become notified persons), after “where the claimant” insert “has been,”.

Transitional and savings provision

9.  The amendments made by regulations 2 to 7 of these Regulations do not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 (employment and support allowance: transitional and savings provisions) to the Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017, as amended by regulation 8 of these Regulations, apply.

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

Penny Mordaunt

Minister of State

Department for Work and Pensions

6th July 2017

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