SCHEDULE 1 N.I.Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006 N.I.

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006 M1 are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1)(interpretation) after the definition of “member of the armed forces away on operations” insert—

““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

(a) Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 other than by virtue of regulation 30 of those regulations; or

(b) Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 other than by virtue of regulation 26 of those regulations;”.

(3) In regulation 20 (applicable amounts) for paragraph (e) substitute—

“(e) the amount of the support component which may be applicable to him in accordance with Part V of Schedule 4 (the component);”.

(4) In regulation 21 (polygamous marriages) for paragraph (f) substitute—

“(f) the amount of the support component which may be applicable to him in accordance with Part V of Schedule 4 (the component);”.

(5) In regulation 25(11) (treatment of childcare charges)—

(a) in sub-paragraph (a) for “the work-related activity component” substitute “ the other member is a member of the work-related activity group ”; and

(b) in sub-paragraph (ba) for “the work-related activity component” substitute “ the other member would be a member of the work-related activity group ”.

(6) In regulation 72(8)(a) (non-dependant deductions)—

(a) omit “and the work-related activity component”;

(b) at the end insert “ or where the non-dependant is not a member of the work-related activity group ”.

(7) In Schedule 4 (applicable amounts)—

(a) in Part V (the components)—

(i) in the heading, for “components” substitute “ component ”;

(ii) in paragraph 21(1)—

(aa) for “one, but not both, of the components in paragraph 23 or” substitute “ the component in paragraph ”;

(bb) for paragraph (b) substitute—

“(b) the Department has determined that that the claimant or the claimant's partner has or is treated as having limited capability for work-related activity;”;

(cc) in paragraph (c)(ii) omit “the work-related activity component”;

(iii) in paragraph 22(1) and (2) omit “23 or”;

(iv) omit paragraph 23; and

(b) in Part VI (amount of components)—

(i) in the heading for “components” substitute “ component ”;

(ii) omit paragraph 25.

(8) In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 3(2)—

(i) omit “, work-related activity component”;

(ii) after “Schedule 4” insert “ or where the claimant or the claimant's partner is a member of the work-related activity group ”; and

(b) in paragraph 17(2)(b)(iv)—

(i) in paragraph (aa)—

(aa) omit “, the work-related activity component under paragraph 23;”;

(bb) after “of Schedule 4” insert “ , or the claimant or the claimant's partner is a member of the work-related activity group ”;

(ii) in paragraph (bb)—

(aa) omit “, the work-related activity component”;

(bb) for the words from “and is engaged” to the end substitute “ or at least one of the couple is a member of the work-related activity group; or ”.

Marginal Citations

M1 S.R. 2006 No. 405; relevant amending Regulations are S.R. 2008 Nos.179 and 378 and S.R. 2013 No. 67 and S.R. 2016 No. 326.