The Employment and Support Allowance Regulations (Northern Ireland) 2008

Suspension of payment of a contributory allowance during imprisonment

161.—(1) Subject to the following provisions of this regulation, the payment of a contributory allowance to any claimant—

(a) which is excepted from the operation of section 18(4)(b) of the Act by virtue of regulation 160(2), (3) or (6); or

(b) which is payable otherwise than in respect of a period during which the claimant is undergoing imprisonment or detention in legal custody,

is suspended while that claimant is undergoing imprisonment or detention in legal custody.

(2) A contributory allowance is not to be suspended while the claimant is liable to be detained in a hospital or similar institution, as defined in regulation 160(5), during a period for which in the claimant’s case, the allowance is or would be excepted from the operation of section 18(4)(b) of the Act by virtue of regulation 160(3).

(3) Where, by virtue of this regulation, payment of a contributory allowance is suspended for any period, the period of suspension is not to be taken into account in calculating any period under regulation 37 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period).

(1)

S.R. 1987 No. 465; relevant amending Rules are S.R. 1989 No. 398, S.R. 1993 No. 375, S.R. 1999 No. 472 (C. 36), S.R. 2005 No. 46 and S.R. 2006 No. 168