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SCHEDULE 1N.I.Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Amendment of the Income Support Regulations (Northern Ireland) 1987N.I.

1.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 M1 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation) after the definition of “the Macfarlane (Special Payments) (No. 2) Trust” insert—

member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—

(a)Part 6 of the Employment and Support Allowance Regulations (Northern Ireland) 2008; or

(b)Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2016;

member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—

(a)Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 other than by virtue of regulation 30 of those regulations; or

(b)Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 other than by virtue of regulation 26 of those regulations;.

(3) In Schedule 3 (housing costs)—

(a)in paragraph 1 (housing costs)—

(i)in sub-paragraph (3)(d)(i)—

(aa)omit “or (3)”, “or (5)” and “(components)”;

(bb)after “Welfare Reform Act” insert “ (component) or is a member of the work-related activity group ”;

(ii)in sub-paragraph (3)(d)(ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”; and

(b)in paragraph 18(7)(i) (non-dependant deductions) for the words from “which does not include” to the end substitute “ and is not a member of the work-related activity group or a member of the support group. ”.

Marginal Citations

M1S.R. 1987 No. 459; relevant amending Regulations are S.R. 1991 No. 204, S.R. 1995 No. 301, S.R. 2008 No. 286, S.R. 2013 No. 67 and S.R. 2016 No. 175