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The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017

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

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7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F1 are amended in accordance with paragraphs (2) to (5).

(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 29(11)(ba) (treatment of childcare charges)—

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

(b)after “limited capability for work” insert “ or the other member of the couple would be a member of the work-related activity group ”.

(4) In regulation 53(8) (non-dependant deductions)—

(a)in sub-paragraph (a)—

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

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

(b)in sub-paragraph (b)—

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

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

(5) In Schedule 5 (sums disregarded from claimant's earnings) in paragraph 5(1)(d)(ii) omit “or the work-related activity component”.

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F1S.R. 2006 No. 406; relevant amending Regulations are S.R. 2008 No. 378, S.R. 2009 No. 92 and S.R. 2016 No. 326.

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