The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 No. 312

SCHEDULE 2 N.I. Modification of statutory provisions: after the conversion phase

PART 2 N.I. MODIFICATION OF OTHER ACT AND ORDER

The Social Security Contributions and Benefits (Northern Ireland) Act N.I.

2.  Section 44B of the Contributions and Benefits Act(1) (deemed earnings factors: 2010-11 onwards) is to be read as if, after subsection (5), there were inserted— N.I.

“(5A) In determining whether Condition C is satisfied in relation to any pensioner, the following entitlements of the pensioner to an earnings factor credit may be aggregated if the weeks to which they relate comprise a continuous period—

(a) any entitlement arising by virtue of—

(i) section 44C(3)(c) below (eligibility for earnings factor enhancement in respect of a week in which severe disablement allowance was payable), or

(ii) section 44C(3)(d) below (eligibility for earnings factor enhancement in respect of a week in which long-term incapacity benefit was, or would have been, payable); and

(b) where an award of severe disablement allowance or long-term incapacity benefit was converted into an award of an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010, any entitlement arising by virtue of regulation 5A(2)(ba) of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2001(2) (earnings factor credits eligibility for pensioners to whom employment and support allowance was payable).”.

Commencement Information

I1 Sch. 2 para. 2 in operation at 1.10.2010, see reg. 1

The Social Security (Northern Ireland) Order N.I.

3.  Schedule 3 to the Social Security (Northern Ireland) Order 1998(3) (decisions against which an appeal lies) is to be read as if, after paragraph 8D, there were inserted— N.I.

“Conversion of certain existing awards into awards of an employment and support allowance N.I.

8E.   A conversion decision within the meaning of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.”.

Commencement Information

I2 Sch. 2 para. 3 in operation at 1.10.2010, see reg. 1

(1)

Section 44B was inserted by section 7(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))

(2)

S.R. 2001 No. 440; regulation 5A was inserted by regulation 4(5) of S.R. 2010 No. 56 and the reference to regulation 5A(2)(ba) is to the modification made by paragraph 6 of this Schedule

(3)

S.I. 1998/1506(N.I. 10); paragraph 8D was inserted by paragraph 12 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))