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)

General

I124Interpretation, etc. of Part 1

1

In this Part—

  • F3“child” means a person under the age of 16;

  • “claimant” means a person who has claimed an employment and support allowance;

  • F5“contributory allowance” has the meaning given by section 1(7);

  • “employment” and “employed” have the meanings prescribed for the purposes of this Part;

  • “entitled”, in relation to an employment and support allowance, is to be construed in accordance with—

    1. a

      the provisions of this Act,

    2. b

      section 1 of the Administration Act (entitlement dependent on making of claim), and

    3. c

      Article 27 of the 1998 Order (restrictions on entitlement in certain cases of error);

  • F5“income-related allowance” has the meaning given by section 1(7);

  • “income support” means income support under section 123 of the Contributions and Benefits Act;

  • “limited capability for work” shall be construed in accordance with section 1(4);

  • “limited capability for work-related activity” shall be construed in accordance with section 2(5);

  • “period of limited capability for work” has the meaning prescribed for the purposes of this Part;

  • “prescribed” means specified in, or determined in accordance with, regulations;

  • “regulations” means regulations made by the Department;

  • F3“single person” means an individual who is not a member of a couple (within the meaning of Part 2 of the Welfare Reform (Northern Ireland) Order 2015);

  • “week” means a period of seven days beginning with a Sunday or such other period of seven days as may be prescribed;

  • F3“work” has such meaning as may be prescribed;

  • F3“work-focused interview requirement” has the meaning given by section 11B;

  • F3“work preparation requirement” has the meaning given by section 11C;

  • F4“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

  • F3“work-related requirement” has the meaning given by section 11;

2

For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—

a

beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and

b

ending with such day as may be prescribed.

3

Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.

F13A

For the purposes of this Part, a person is a lone parent if the person—

a

is not a member of a couple (within the meaning given by section 133(1) of the Contributions and Benefits Act), and

b

is responsible for, and a member of the same household as, a person under the age of 16.

3B

For the purposes of subsection (3A)(b) regulations may make provision—

a

as to circumstances in which one person is to be treated as responsible or not responsible for another;

b

as to circumstances in which persons are to be treated as being or not being members of the same household.

4

For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.

F25

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F26

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