2017 No. 50

Social Security

The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017

Made

Laid before Parliament

Coming into operation

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 167D and 167G(2) and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 16A(1), 22 and 24(1) of, and paragraph 10 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 20072.

These powers are exercisable by the Secretary of State by virtue of Article 4(1)(b) of the Welfare Reform (Northern Ireland) Order 20153.

PART 1Introduction

Citation, commencement and interpretation1

1

These Regulations may be cited as the Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017.

2

This regulation and regulations 2 to 4 come into operation on 3rd April 2017.

3

Regulation 5 comes into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 20164.

4

The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2Exempt Work Amendments

Amendment of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 19952

In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (exempt work)6—

a

in paragraph (4) omit from “, and which—” to the end;

b

in paragraph (8) omit the definitions of “relevant benefit” and “specified work”; and

c

omit paragraph (9).

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 20083

In regulation 45 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (exempt work)7—

a

in paragraph (4) omit from “, and which—” to the end;

b

omit paragraph (4A); and

c

in paragraph (10) omit the definitions of “relevant benefit” and “specified work”.

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 20164

In regulation 39 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (exempt work)8—

a

in paragraph (1)(c) omit from “, and which is done” to the end;

b

in paragraph (6) omit the definitions of “relevant benefit” and “work period”; and

c

omit paragraph (7).

PART 3Hardship Amounts

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 20085

In regulation 64D of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (the amount of a hardship payment) 9 for paragraph (1) substitute—

1

A hardship payment is either—

a

80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 410 where—

i

the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 as in operation immediately before 3rd April 2017, and

ii

the claimant or any other member of their family is either pregnant or seriously ill; or

b

60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 in any other case.

Signed by authority of the Secretary of State for Work and Pensions

Penny MordauntMinister of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, the Employment and Support Allowance Regulations (Northern Ireland) 2008 (“ESA Regulations 2008”) and the Employment and Support Allowance Regulations (Northern Ireland) 2016 limit the period for which claimants who are or who are treated as incapable of work or who have or who are treated as having limited capability for work (but not limited capability for work related activity) may undertake exempt work while continuing to be entitled to benefit. Under those Regulations, that period is limited to 52 weeks. As a result of the amendments in regulations 2 to 4, that limit is removed.

Regulation 5 makes amendments to the hardship provisions inserted into the ESA Regulations 2008 by the Employment and Support Allowance (Sanctions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016 No.240), which come into operation immediately upon the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No.216). This regulation amends the way that the amount of any hardship payment is to be calculated so that:

a

claimants will receive 80% of their prescribed amount where they are not in receipt of a work-related activity component as part of their award of employment and support allowance and either they or a member of their family is either:

i

pregnant, or

ii

seriously ill;

b

in all other cases a claimant will receive 60% of their prescribed amount.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.