C4C5C6C7C8C9C10C1C2C3PART 1EMPLOYMENT AND SUPPORT ALLOWANCE

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.R.) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C8

Pt. 1 modified (coming into operation in accordance with art. 1 of the amending S.R.) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), art. 2, Sch.

C10

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(f)

Entitlement

1AF1Duration of F4contributory allowance

1

The period for which a person is entitled to F3an employment and support allowance by virtue of the first and second conditions set out in F5Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in F5Part 1 of Schedule 1) to the same two tax years.

2

In subsection (1) the “relevant maximum number of days” is—

a

365 days; or

b

if the Department by order specifies a greater number of days, that number of days.

3

The fact that a person's entitlement to F2an employment and support allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—

a

he satisfies the first and second conditions set out in F6Part 1 of Schedule 1, and

b

the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.

4

The period for which a person is entitled to F2an employment and support allowance by virtue of the third condition set out in F7Part 1 of Schedule 1 (youth) shall not exceed—

a

365 days; or

b

if the Department by order specifies a greater number of days, that number of days.

5

In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F2an employment and support allowance , the following are not to be counted—

a

days in which the person is a member of the support group,

b

days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and

c

days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).

6

In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F2an employment and support allowance , days occurring before the coming into operation of this section are to be counted (as well as those occurring afterwards).