The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017

PART 1 Introduction

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017.

(2) This regulation and regulations 2 to 4 come into operation on 3rd April 2017.

(3) Regulation 5 comes into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016(1).

(4) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 Exempt Work Amendments

Amendment of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

2.  In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (exempt work)(3)—

(a) in paragraph (4) omit from “, and which—” to the end;

(b) in paragraph (8) omit the definitions of “relevant benefit” and “specified work”; and

(c) omit paragraph (9).

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

3.  In regulation 45 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (exempt work)(4)—

(a) in paragraph (4) omit from “, and which—” to the end;

(b) omit paragraph (4A); and

(c) in paragraph (10) omit the definitions of “relevant benefit” and “specified work”.

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

4.  In regulation 39 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (exempt work)(5)—

(a) in paragraph (1)(c) omit from “, and which is done” to the end;

(b) in paragraph (6) omit the definitions of “relevant benefit” and “work period”; and

(c) omit paragraph (7).

PART 3 Hardship Amounts

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

5.  In regulation 64D of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (the amount of a hardship payment) (6) for paragraph (1) substitute—

“(1) A hardship payment is either—

(a) 80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4(7) where—

(i) the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 as in operation immediately before 3rd April 2017, and

(ii) the claimant or any other member of their family is either pregnant or seriously ill; or

(b) 60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 in any other case.”.

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

Penny Mordaunt

Minister of State

Department for Work and Pensions

13th March 2017