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

Amendment of the Social Security (Overlapping Benefits) Regulations

9.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1) are amended in accordance with paragraphs (2) to (7).

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

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

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

(b) in the definition of “contributory benefit”(2) for “ and a contribution-based jobseeker’s allowance” substitute “a contribution-based jobseeker’s allowance and a contributory employment and support allowance”; and

(c) in the definition of “personal benefit”(3) after “includes” insert “a contributory employment and support allowance but not an income-related employment and support allowance and includes”.

(3) In regulation 4(1)(a)(4) (adjustment of personal benefit) after “industrial injuries benefits)” insert “, Part 1 of the Welfare Reform Act”.

(4) In regulation 10(1) (adjustment of dependency benefit where certain personal benefit is payable) after sub-paragraph (j)(5) insert—

“(k) a contributory employment and support allowance,”.

(5) In regulation 16(6) (persons to be treated as entitled to benefit for certain purposes)—

(a) after “the Act”, in the first place where it occurs, insert “, Part 1 of the Welfare Reform Act”; and

(b) after “under it,”, in the first place where it occurs, insert “under Part 1 of the Welfare Reform Act and regulations made under it”.

(6) In regulation 17(7) (prevention of double adjustments) for “or under the Jobseekers Order”, in both places where it occurs, substitute “, the Jobseekers Order or Part 1 of the Welfare Reform Act”.

(7) In Schedule 1 (personal benefits which are required to be adjusted) in column (1) of paragraph 4(8) after “severe disablement allowance” insert “, contributory employment and support allowance”.

(1)

S.R. 1979 No. 242; relevant amending Regulations are S.R. 1980 No. 451, S.R. 1983 No. 36, S.R. 1984 No. 317, S.R. 1992 No. 557, S.R. 1995 No. 150, S.R. 1996 No. 289, S.R. 2002 No. 323 and S.R. 2005 No. 536

(2)

The definition of “contributory benefit” was inserted by regulation 11(2)(b) of S.R. 1996 No. 289

(3)

The definition of “personal benefit” was amended by regulation 2(a) of S.R. 1980 No. 451 and regulation 11(2)(c) of S.R. 1996 No. 289

(4)

Regulation 4(1) was substituted by regulation 3 of S.R. 1992 No. 557 and amended by regulation 11(3) of S.R. 1996 No. 289

(5)

Sub-paragraph (j) was added by regulation 11(4) of S.R. 1996 No. 289

(6)

Regulation 16 was amended by regulation 11(6) of S.R. 1996 No. 289

(7)

Regulation 17 was amended by regulation 11(7) of S.R. 1996 No. 289

(8)

Paragraph 4 was amended by regulation 12(3)(a) of S.R. 1983 No. 36, regulation 11 of S.R. 1984 No. 317, regulation 14(8)(b) of S.R. 1995 No. 150, paragraph 1(e) of the Schedule to S.R. 2002 No. 323 and paragraph 9(4) of Schedule 3 to S.R. 2005 No. 536