6—(1) The Jobseekers Order is amended as follows.N.I.
(2) In Article 2 (interpretation)—
(a)in paragraph (2), after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”;
(b)in paragraph (3), for “capable of work” substitute “ limited capability for work ”.
(3) In Article 3 (the jobseeker's allowance), in paragraph (2) (conditions of entitlement), for sub-paragraph (f) substitute—
“(f)does not have limited capability for work;”.
(4) In Article 5 (income-based conditions), in paragraph (1)—
(a)in sub-paragraph (b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;
(b)after sub-paragraph (dd) insert—
“(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;”.
(5) In Article 5A (conditions for claims by joint-claim couples), in paragraph (1), after sub-paragraph (cc) insert—
“(cd)that neither member of the couple is entitled to an income-related employment and support allowance;”.
(6) In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—
2—(1) The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Order, in accordance with the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).
(2) References in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.”.
Commencement Information
I1Sch. 3 para. 6 wholly in operation at 27.10.2008; Sch. 3 para. 6 not in operation at Royal Assent see s. 60(1); Sch. 3 para. 6(1)(2) in operation for certain purposes at 1.7.2008 and wholly in operation at 27.10.2008 by S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1; Sch. 3 para. 6 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2