The Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make transitional provisions in relation to the introduction of employment and support allowance.

Regulation 2 provides that, apart from linked claims, after employment and support allowance is introduced no new claim can be made for incapacity benefit, severe disablement allowance or income support on the grounds of disability, since such a claim will be treated as a claim for an employment and support allowance, and sets out the circumstances where a person who has previously been entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, can make a linked claim for that benefit.

Regulation 3 provides for a person who is entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, or who can make a linked claim for one of those benefits, is prevented from claiming employment and support allowance.

Regulation 4 provides for where a person tries to claim an employment and support allowance ineffectively, either by making a claim for a period before employment and support allowance is introduced or by claiming after the appointed day for a period which includes a period before the appointed day, the claim may be treated instead as a claim for incapacity benefit or income support on the grounds of disability.

Regulation 5 provides that the amendments made to the Jobseekers (Northern Ireland) Order 1995 by paragraph 6 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 relating to “limited capability for work” do not apply in relation to a person who is entitled, or would be entitled, to incapacity benefit, severe disablement allowance or income support on the grounds of disability.

Section 25(2) of, and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 to, the Welfare Reform Act (Northern Ireland) 2007, the enabling provisions under which these Regulations are made, were brought into operation for the purpose only of authorising the making of regulations on 1st July 2008, and for all other purposes on 27th July 2008, by virtue of the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008 (S.R. 2008 No. 276 (C. 14)). As these Regulations are made before the end of the period of 6 months from the commencement of those provisions, they are exempt by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992 from reference to the Social Security Advisory Committee.