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

Amendment of the Social Security (Credits) Regulations

7.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Jobseekers Order”(2) insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”;

(b) in the definition of “benefit”(3) after “an income-based jobseeker’s allowance” add “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(c) after the definition of “contribution-based jobseeker’s allowance”(4) insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(d) after the definition of “income-based jobseeker’s allowance”(5) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;

(e) in the definition of “reckonable year”(6)—

(i) omit “or” after paragraph (a),

(ii) after paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;

(f) in the definition of “relevant benefit year”(7)—

(i) omit “or” after paragraph (a), and

(ii) after paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”.

(3) In regulation 3(1)(8) (general provisions relating to the crediting of contributions and earnings)—

(a) omit “or” after sub-paragraph (a); and

(b) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.

(4) In regulation 8(1)(9) (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

(5) In regulation 8A(2)(c)(10) (credits for unemployment) after “incapable of work” insert “or had limited capability for work”.

(6) In regulation 8B(11) (credits for incapacity for work)—

(a) in the heading after “incapacity for work” add “or limited capability for work”; and

(b) in paragraph (2)—

(i) omit “or” after sub-paragraph (a), and

(ii) after sub-paragraph (a) insert—

“(aa) a week in which, in relation to the person concerned, each of the days—

(i) was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of that Act, or

(ii) would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.

(7) In regulation 8C(1)(12) (credits on termination of bereavement benefits)—

(a) omit “or” after sub-paragraph (a); and

(b) after sub-paragraph (b) add—

“or

(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.

(1)

S.R. 1975 No. 113; relevant amending Regulations are S.R. 1989 No. 368, S.R. 1995 No. 150, S.R. 1996 No. 430, S.R. 2001 No. 108, S.R. 2002 No. 80, S.R. 2005 No. 536 and S.R. 2007 No. 306

(2)

The definition of “the Jobseekers Order” was inserted by regulation 2(2)(b) of S.R. 1996 No. 430

(3)

The definition of “benefit” was inserted by regulation 2(2)(b) of S.R. 1996 No. 430

(4)

The definition of “contribution-based jobseeker’s allowance” was inserted by regulation 2(2)(b) of S.R. 1996 No. 430

(5)

The definition of “income-based jobseeker’s allowance” was inserted by regulation 2(2)(c) of S.R. 1996 No. 430

(6)

The definition of “reckonable year” was substituted by regulation 2(2)(d) of S.R. 1996 No. 430 and amended by regulation 2(2) of S.R. 2007 No. 306

(7)

The definition of “relevant benefit year” was substituted by regulation 2(2)(e) of S.R. 1996 No. 430

(8)

Regulation 3(1) was substituted by regulation 2(3) of S.R. 1996 No. 430 and amended by regulation 3(3) of S.R. 2001 No. 108

(9)

Regulation 8(1) was substituted by regulation 3 of S.R. 1989 No. 368 and amended by regulation 6(3) of S.R. 1995 No. 150 and regulation 2(5) of S.R. 1996 No. 430

(10)

Regulation 8A was inserted by regulation 2(6) of S.R. 1996 No. 430 and paragraph (2) was amended by regulation 2(4) of S.R. 2002 No. 80

(11)

Regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430

(12)

Regulation 8C was inserted by regulation 3(7) of S.R. 2001 No. 108 and amended by paragraph 4(4) of Schedule 3 to S.R. 2005 No. 536