Contents
- Part 1 Employment and support allowance
- Part 2 Housing benefit
- Part 3 Social security administration: general
- Part 4 Miscellaneous
- Part 5 General
- Schedule 1 Employment and support allowance: additional conditions
- Schedule 2 Employment and support allowance: supplementary provisions
- Schedule 3 Consequential amendments relating to part 1
- Schedule 4 Transition relating to part 1
- Schedule 5 Minor and consequential amendments relating to part 2
- Schedule 6 Schedule to be inserted in the pneumoconiosis, etc., (workers' compensation) (northern ireland) order 1979
- Schedule 7 Minor and consequential amendments relating to part 4
- Schedule 8 Repeals
Part 1 · Employment and support allowance
Work-related requirements
11Work-related requirements#
(1)The following provisions of this Part provide for the Department to impose work-related requirements with which persons entitled to an employment and support allowance must comply for the purposes of this Part.
(2)In this Part “work-related requirement” means—
(a)a work-focused interview requirement (see section 11B);
(b)a work preparation requirement (see section 11C).
(3)The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—
(a)persons subject to no work-related requirements (see section 11D);
(b)persons subject to work-focused interview requirement only (see section 11E);
(c)persons subject to work-focused interview and work preparation requirements (see section 11F).
11AClaimant commitment#
(1)A claimant commitment is a record of the responsibilities of a person entitled to an employment and support allowance in relation to the award of the allowance.
(2)A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.
(3)A claimant commitment is to be in such form as the Department thinks fit.
(4)A claimant commitment is to include—
(a)a record of the requirements that the person must comply with under this Part (or such of them as the Department considers it appropriate to include),
(b)any prescribed information, and
(c)any other information the Department considers it appropriate to include.
(5)For the purposes of this Part a person accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
11BWork-focused interview requirement#
(1)In this Part a “work-focused interview requirement” is a requirement that a person participate in one or more work-focused interviews as specified by the Department.
(2)A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
(3)The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Department that the person will obtain paid work (or more paid work or better-paid work).
(4)The Department may specify how, when and where a work-focused interview is to take place.
11CWork preparation requirement#
(1)In this Part a “work preparation requirement” is a requirement that a person take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the person will obtain paid work (or more paid work or better-paid work).
(2)The Department may under subsection (1) specify the time to be devoted to any particular action.
(3)Action which may be specified under subsection (1) includes in particular—
(a)attending a skills assessment;
(b)improving personal presentation;
(c)participating in training;
(d)participating in an employment programme;
(e)undertaking work experience or a work placement;
(f)developing a business plan;
(g)any action prescribed for the purpose in subsection (1).
(4)The action which may be specified under subsection (1) includes taking part in a work-focused health-related assessment.
(5)In subsection (4) “work-focused health-related assessment” means an assessment by a health care professional approved by the Department which is carried out for the purpose of assessing—
(a)the extent to which the person's capability for work may be improved by taking steps in relation to the person's physical or mental condition, and
(b)such other matters relating to the person's physical or mental condition and the likelihood of the person obtaining or remaining in work or being able to do so as may be prescribed.
(6)In subsection (5) “health care professional” means—
(a)a registered medical practitioner,
(b)a registered nurse,
(c)an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or
(d)a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as may be prescribed.
11DPersons subject to no work-related requirements#
(1)The Department may not impose any work-related requirement on a person falling within this section.
(2)A person falls within this section if—
(a)the person has limited capability for work and work-related activity,
(b)the person has regular and substantial caring responsibilities for a severely disabled person,
(c)the person is a single person responsible for a child under the age of one,
(d)the person is of a prescribed description.
(3)Where a person falls within this section, any work-related requirement previously applying to the person ceases to have effect.
(4)In this section—• “regular and substantial caring responsibilities” has such meaning as may be prescribed;• “severely disabled” has such meaning as may be prescribed.
11EPersons subject to work-focused interview requirement only#
(1)A person falls within this section if—
(a)the person is a single person responsible for a child who is aged at least one and is under a prescribed age (which may not be less than 3), or
(b)the person is of a prescribed description.
(2)The Department may, subject to this Part, impose a work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
(3)The Department may not impose a work preparation requirement on a person falling within this section (and, where a person falls within this section, a work preparation requirement previously applying to the person ceases to have effect).
11FPersons subject to work preparation and work-focused interview requirement#
(1)A person who does not fall within section 11D or 11E falls within this section.
(2)The Department may, subject to this Part, impose a work preparation requirement or work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
11GConnected requirements#
(1)The Department may require a person entitled to an employment and support allowance to participate in an interview for any purpose relating to—
(a)the imposition of a work-related requirement on the person;
(b)verifying the person's compliance with a work-related requirement;
(c)assisting the person to comply with a work-related requirement.
(2)The Department may specify how, when and where such an interview is to take place.
(3)The Department may, for the purpose of verifying a person's compliance with a work-related requirement, require the person to—
(a)provide to the Department information and evidence specified by the Department in a manner so specified;
(b)confirm compliance in a manner so specified.
(4)The Department may require a person to report to the Department any specified changes in that person's circumstances which are relevant to—
(a)the imposition of work-related requirements on the person;
(b)the person's compliance with a work-related requirement.
11HImposition of requirements#
(1)Regulations may make provision—
(a)where the Department may impose a requirement under this Part, as to when the requirement must or must not be imposed;
(b)where the Department may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;
(c)where the Department may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.
(2)Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.
(3)Where the Department may specify a particular action under section 11C(1), the Department must have regard to such matters as may be prescribed.
(4)Where the Department may impose a requirement under this Part, the Department may revoke or change what has been imposed or specified.
(5)Where the Department may specify any action to be taken in relation to a requirement imposed under this Part, the Department may revoke or change what has been specified.
(6)Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.
(7)Regulations must make provision to secure that, in prescribed circumstances, where a person has recently been a victim of domestic violence—
(a)a requirement imposed on that person under this Part ceases to have effect for a period of 13 weeks, and
(b)the Department may not impose any other requirement on that person during that period.
(8)For the purposes of subsection (7)—
(a)“domestic violence” has such meaning as may be prescribed;
(b)“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
(c)a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.
11ICompliance with requirements#
Regulations may make provision as to circumstances in which a person is to be treated as having—
(a)complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or
(b)taken or not taken any particular action specified by the Department in relation to such a requirement.
11JSanctions#
(1)The amount of an award of an employment and support allowance is to be reduced in accordance with this section in the event of a failure by a person which is sanctionable under this section.
(2)It is a failure sanctionable under this section if a person—
(a)fails for no good reason to comply with a work-related requirement;
(b)fails for no good reason to comply with a requirement under section 11G.
(3)Regulations are to specify—
(a)the amount of a reduction under this section, and
(b)the period for which such a reduction has effect.
(4)Regulations under subsection (3)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
(a)a period continuing until the person meets a compliance condition specified by the Department,
(b)a fixed period not exceeding 26 weeks which is—
(i)specified in the regulations, or
(ii)determined in any case by the Department, or
(c)a combination of both.
(5)In subsection (4)(a) “compliance condition” means—
(a)a condition that the failure ceases, or
(b)a condition relating to future compliance with a work-related requirement or a requirement under section 11G.
(6)A compliance condition specified under subsection (4)(a) may be—
(a)revoked or varied by the Department;
(b)notified to the person in such manner as the Department may determine.
(7)A period fixed under subsection (4)(b) may in particular depend on either or both the following—
(a)the number of failures by the person sanctionable under this section;
(b)the period between such failures.
(8)Regulations may provide—
(a)for cases in which no reduction is to be made under this section;
(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
(c)for the termination or suspension of a reduction under this section.
11KConcurrent exercise of certain functions by Department for Employment and Learning#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11LDelegation and contracting out#
(1)The functions of the Department under sections 11 to 11I may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).
(2)An authorisation given by virtue of this section may authorise the exercise of a function—
(a)wholly or to a limited extent;
(b)generally or in particular cases or areas;
(c)unconditionally or subject to conditions.
(3)An authorisation under this section—
(a)may specify its duration;
(b)may be varied or revoked at any time by the Department;
(c)does not prevent the Department or another person from exercising the function to which the authorisation relates.
(4)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.
(5)Subsection (4) does not apply—
(a)for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or
(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
(6)Where—
(a)the authorisation of an authorised person is revoked, and
(b)at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12Work-focused interviews#
(1)
(a)
(b)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(f)
(g)any other period which he is entitled to count as such under Schedule C5.
(i)a parent with care cares for one child only, and
(ii)that child dies,
(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and
(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
13Work-related activity#
(1)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
(e)in a case where the qualifying benefit which ceased—
(i)a parent with care cares for one child only, and
(ii)that child dies,
at the time the work condition is satisfied; and
(f)
(g)any other period which he is entitled to count as such under Schedule C5.
(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and
(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(6A)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who was an active member before 1st April 2008 shall be treated as a period of membership before that date.
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
(8)The reference to activity in subsection (7) includes work experience or a work placement.
14Action plans in connection with work-focused interviews#
(1)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
15Directions about work-related activity#
(1)
(a)
(b)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16Contracting out#
(1)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(za)in the case of any licence granted by the Department, in exercise of any derogation permitted by Schedule 8 to the Plant Health Regulations
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(6)
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(8)
(9)Where a person making a surrender under regulation D14—
(a)
(b)
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
(a)
(b)
(12)The Committee must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
(13)Any question which may arise between the Committee and any other party to an admission agreement relating to the construction of the agreement or to the rights and obligations under that agreement shall be referred in writing for determination to the Department.
(a)
(b)
(14)An employee of an admission body may not be a member if he is a member of another occupational pension scheme (within the meaning of section 1 of the Pension Schemes (Northern Ireland) Act 1993) other than where the accrual of benefits under that pension scheme would not affect approval of the Scheme as an approved scheme.
16AHardship payments#
(1)Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—
(a)the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and
(b)the person is or will be in hardship.
(2)Regulations under this section may in particular make provision as to—
(a)circumstances in which a person is to be treated as being or not being in hardship;
(b)matters to be taken into account in determining whether a person is or will be in hardship;
(c)requirements or conditions to be met by a person in order to receive hardship payments;
(d)the amount or rate of hardship payments;
(e)the period for which hardship payments may be made.
Entitlement
1Employment and support allowance#
(1)An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.
(2)Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and either—
(a)the first and the second conditions set out in Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in that Part of that Schedule (condition relating to youth), or
(b)
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(aa)the decision on the application referred to in sub-paragraph (a);
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(f)
(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this regulation—• “approved childcare provider” means a childcare provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999or the Tax Credits (Approval of Child Care Providers) Scheme 2005or the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006; and• “registered childcare provider” means a person who acts as a child minder or provides day care and is registered within the meaning of Articles 118, 119 and 120 of the Children (Northern Ireland) Order 1995 (registration of child minders and persons providing day care for young children).
(6A)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who was an active member before 1st April 2008 shall be treated as a period of membership before that date.
(7)In this Part—• “contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a) (and see section 1B(2)) ;• “income-related allowance” means an employment and support allowance entitlement to which is based on subsection (2)(b).
1ADuration of contributory allowance#
(1)The period for which a person is entitled to an employment and support allowance by virtue of the first and second conditions set out in Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in Part 1 of Schedule 1) to the same two tax years.
(2)In subsection (1) the “relevant maximum number of days” is—
(a)365 days; or
(b)if the Department by order specifies a greater number of days, that number of days.
(3)The fact that a person's entitlement to an employment and support allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—
(a)he satisfies the first and second conditions set out in Part 1 of Schedule 1, and
(b)the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.
(4)The period for which a person is entitled to an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall not exceed—
(a)365 days; or
(b)if the Department by order specifies a greater number of days, that number of days.
(5)In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to an employment and support allowance , the following are not to be counted—
(a)days in which the person is a member of the support group,
(b)days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
(c)days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
(6)In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to an employment and support allowance , days occurring before the coming into operation of this section are to be counted (as well as those occurring afterwards).
1BFurther entitlement after time-limiting#
(1)Where a person's entitlement to an employment and support allowance has ceased as a result of section 1A(1) or (4) but—
(a)the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
(b)the person satisfies the basic conditions, and
(c)the person has (or is treated as having) limited capability for work-related activity,
the claimant is entitled to an employment and support allowance by virtue of this section.
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
1CClaimant commitment#
(1)For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of an employment and support allowance.
(2)A claimant commitment is to be prepared by the Department note... and may be reviewed and updated as that department thinks fit.
(3)A claimant commitment is to be in such form as the Department thinks fit.
(4)A claimant commitment is to include—
(a)any prescribed information, and
(b)any other information the Department note... considers it appropriate to include.
(5)For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
(6)Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).
2Amount of contributory allowance#
(1)The amount payable by way of an employment and support allowance in respect of a claimant shall be calculated by—
(a)taking such amount as may be prescribed,
(b)if in his case the conditions of entitlement to the support component note... are satisfied, adding the amount of that component, and
(c)making
(i) deductions in respect of earnings calculated in the prescribed manner (which may include multiplying some or all earnings by a prescribed percentage), and
(ii)prescribed deductions in respect of any payments to which section 3 applies.
(2)The conditions of entitlement to the support component are—
(a)that the assessment phase has ended,
(b)that the claimant has limited capability for work-related activity, and
(c)that such other conditions as may be prescribed are satisfied.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Regulations may—
(a)prescribe circumstances in which paragraph (a) of subsection (2) note... is not to apply;
(b)prescribe circumstances in which entitlement under subsection (2) note... is to be backdated;
(c)make provision about the amount of the component under subsection (2) note....
(5)For the purposes of this Part, a person has limited capability for work-related activity if—
(a)his capability for work-related activity is limited by his physical or mental condition, and
(b)the limitation is such that it is not reasonable to require him to undertake such activity.
(6)In subsection (1)(c)(i) the reference to earnings is to be construed in accordance with sections 3, 4 and 112 of the Contributions and Benefits Act.
3Deductions from contributory allowance: supplementary#
(1)This section applies to payments of the following kinds which are payable to the claimant—
(a)pension payments,
(b)PPF periodic payments, and
(c)payments of a prescribed description made to a person who is a member of, or has been appointed to, a prescribed body carrying out public or local functions.
(2)Regulations may—
(a)disapply section 2(1)(c), so far as relating to pension payments or PPF periodic payments, in relation to persons of a prescribed description;
(b)provide for pension payments or PPF periodic payments of a prescribed description to be treated for the purposes of that provision as not being payments to which this section applies;
(c)provide for sums of a prescribed description to be treated for the purposes of this section as payable to persons as pension payments or PPF periodic payments (including, in particular, sums in relation to which there is a deferred right of receipt);
(d)make provision for the method of determining how payments to which this section applies are, for the purposes of section 2, to be related to periods for which a person is entitled to an employment and support allowance.
(3)In this section—• “pension payment” means—(a) a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme,(b) a payment of a prescribed description made under an insurance policy providing benefits in connection with physical or mental illness or disability, and(c) such other payments as may be prescribed;• “PPF periodic payment” means—(a) any periodic compensation payment made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 (NI 1) or section 162(2) of the Pensions Act 2004 (c. 35) (the pension compensation provisions), and(b) any periodic payment made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.).
(4)For the purposes of subsection (3), “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49), except that “personal pension scheme” includes—
(a)an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 (c. 1), and
(b)a substituted contract within the meaning of section 622(3) of that Act,
which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004 (c. 12).
4Amount of income-related allowance#
(1)
(a)
(b)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
5Advance award of income-related allowance#
(1)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Amount payable where claimant entitled to both forms of allowance#
(1)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(a)
(b)
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(6)
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
(8)In this section—• “applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);• “personal rate” means the amount calculated in accordance with section 2(1).
7Exclusion of payments below prescribed minimum#
Except in such circumstances as regulations may provide, an employment and support allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
General
24Interpretation, etc. of Part 1#
(1)In this Part—• “child” means a person under the age of 16;• “claimant” means a person who has claimed an employment and support allowance;• “contributory allowance” has the meaning given by section 1(7);• “employment” and “employed” have the meanings prescribed for the purposes of this Part;• “entitled”, in relation to an employment and support allowance, is to be construed in accordance with—(a) the provisions of this Act,(b) section 1 of the Administration Act (entitlement dependent on making of claim), and(c) Article 27 of the 1998 Order (restrictions on entitlement in certain cases of error);• “income-related allowance” has the meaning given by section 1(7);• “income support” means income support under section 123 of the Contributions and Benefits Act;• “limited capability for work” shall be construed in accordance with section 1(4);• “limited capability for work-related activity” shall be construed in accordance with section 2(5);• “period of limited capability for work” has the meaning prescribed for the purposes of this Part;• “prescribed” means specified in, or determined in accordance with, regulations;• “regulations” means regulations made by the Department;• “single person” means an individual who is not a member of a couple (within the meaning of Part 2 of the Welfare Reform (Northern Ireland) Order 2015);• “week” means a period of seven days beginning with a Sunday or such other period of seven days as may be prescribed;• “work” has such meaning as may be prescribed;• “work-focused interview requirement” has the meaning given by section 11B;• “work preparation requirement” has the meaning given by section 11C;• “work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;• “work-related requirement” has the meaning given by section 11;
(2)For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—
(a)beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and
(b)ending with such day as may be prescribed.
(3)Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.
(3A)For the purposes of this Part, a person is a lone parent if the person—
(a)is not a member of a couple (within the meaning given by section 133(1) of the Contributions and Benefits Act), and
(b)is responsible for, and a member of the same household as, a person under the age of 16.
(3B)For the purposes of subsection (3A)(b) regulations may make provision—
(a)as to circumstances in which one person is to be treated as responsible or not responsible for another;
(b)as to circumstances in which persons are to be treated as being or not being members of the same household.
(4)For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25Regulations and orders#
(1)Where any power under this Part to make regulations or an order is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
(2)Any power under this Part to make regulations or an order includes power—
(a)to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Department to be expedient;
(b)to provide for a person to exercise a discretion in dealing with any matter.
(3)Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 to 11J may make provision which applies only in relation to an area or areas specified in the regulations.
(4)The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.
26Assembly control#
(1)Subject to the following provisions of this section, any regulations made under this Part or any order made under section 1A are subject to negative resolution.
(2)Regulations to which this subsection applies—
(a)must be laid before the Assembly after being made; and
(b)take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.
(3)Subsection (2) applies to—
(a)regulations under section 2(2)(c) or (3)(c) or 4(4)(c) or (5)(c);
(b)the first regulations under section 13;
(c)regulations which by virtue of section 19(1) are to have effect for a limited period.
(4)This subsection applies to any regulations made under this Part which—
(a)but for subsection (5), would be subject to negative resolution, and
(b)are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.
(5)Any regulations to which subsection (4) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
(6)In this section “the confirmatory procedure” means the procedure described in subsection (2).
27Financial provisions relating to Part 1#
(1)There shall be paid out of the Northern Ireland National Insurance Fund any sums payable by way of employment and support allowance.
(2)The Department shall pay into the Northern Ireland National Insurance Fund sums estimated by it to be equivalent in amount to sums recovered by it in connection with payments of employment and support allowance.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28Consequential amendments relating to Part 1#
(1)Schedule 3 (which makes amendments consequential on this Part) has effect.
(2)Regulations may make provision consequential on this Part amending, repealing or revoking any statutory provision.
Miscellaneous
17Income and capital: general#
(1)In relation to a claim for an employment and support allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
(2)A person's income in respect of a week shall be calculated in accordance with prescribed rules, which may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
(3)Circumstances may be prescribed in which—
(a)a person is to be treated as possessing capital or income which he does not possess;
(b)capital or income which a person does possess is to be disregarded;
(c)income is to be treated as capital;
(d)capital is to be treated as income.
(4)Regulations may provide that a person's capital shall be deemed for the purposes of this Part to yield him an income at a prescribed rate.
18Disqualification#
(1)Regulations may provide for a person to be disqualified for receiving an employment and support allowance, or treated for such purposes as the regulations may provide as not having limited capability for work, if—
(a)he has become someone who has limited capability for work through his own misconduct,
(b)he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or
(c)he fails without good cause to observe any prescribed rules of behaviour.
(2)Regulations under subsection (1) shall provide for any such disqualification, or treatment, to be for such period not exceeding six weeks as may be determined in accordance with Chapter 2 of Part 2 of the 1998 Order.
(3)Regulations may prescribe for the purposes of subsection (1)—
(a)matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;
(b)circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.
(4)Except where regulations otherwise provide, a person shall be disqualified for receiving an employment and support allowance for any period during which he is—
(a)absent from Northern Ireland; or
(b)undergoing imprisonment or detention in legal custody.
19Pilot schemes#
(1)Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.
(2)Subject to subsection (3), subsection (1) applies to—
(a)regulations which are made under any provision of this Part, other than sections 3, 8 and 9;
(b)regulations which are made under the Administration Act, so far as they relate to an employment and support allowance.
(3)Subsection (1) only applies to regulations if they are made with a view to testing the extent to which the provision made by the regulations is likely to promote—
(a)people remaining in work, or
(b)people obtaining or being able to obtain work (or more work or better-paid work).
(4)Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
(5)A pilot scheme may provide that its provisions are to apply only in relation to—
(a)one or more specified areas;
(b)one or more specified classes of person;
(6)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
(7)A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
20Relationship with statutory payments#
(1)A person is not entitled to an employment and support allowance in respect of a day if, for the purposes of statutory sick pay, that day—
(a)is a day of incapacity for work in relation to a contract of service, and
(b)falls within a period of entitlement (whether or not it is a qualifying day).
(2)Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to an employment and support allowance in respect of a day that falls within the maternity pay period.
(3)Regulations may provide that—
(a)an amount equal to a woman's statutory maternity pay for a period shall be deducted from an employment and support allowance in respect of the same period,
(b)a woman shall only be entitled to an employment and support allowance if there is a balance after the deduction, and
(c)if there is such a balance, a woman shall be entitled to an employment and support allowance at a weekly rate equal to it.
(4)Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to an employment and support allowance in respect of a day that falls within the adoption pay period.
(5)Regulations may provide that—
(a)an amount equal to a person's statutory adoption pay for a period shall be deducted from an employment and support allowance in respect of the same period,
(b)a person shall only be entitled to an employment and support allowance if there is a balance after the deduction, and
(c)if there is such a balance, a person shall be entitled to an employment and support allowance at a weekly rate equal to it.
(6)Except as regulations may provide, a person who is entitled to statutory shared parental pay is not entitled to an employment and support allowance in respect of a day that falls within a period in respect of which statutory shared parental pay is payable.
(7)Regulations may provide that—
(a)an amount equal to a person's statutory shared parental pay for a period shall be deducted from an employment and support allowance in respect of the same period,
(b)a person shall only be entitled to an employment and support allowance if there is a balance after the deduction, and
(c)if there is such a balance, a person shall be entitled to an employment and support allowance at a weekly rate equal to it.
(8)In this section—• note...• “adoption pay period” has the meaning given in section 167ZN(2) of that Act;• “maternity pay period” has the meaning given in section 161(1) of that Act.
21Deemed entitlement for other purposes#
Regulations may provide for a person who would be entitled to an employment and support allowance but for the operation of any provision of, or made under, this Part, the Administration Act or Chapter 2 of Part 2 of the 1998 Order (social security decisions and appeals) to be treated as if entitled to the allowance for the purposes of any rights or obligations (whether his own or another's) which depend on his entitlement, other than the right to payment of it.
22Supplementary provisions#
Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.
23Recovery of sums in respect of maintenance#
(1)
(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(4)
Assessments relating to entitlement
8Limited capability for work#
(1)For the purposes of this Part, whether a person's capability for work is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to work shall be determined in accordance with regulations.
(2)Regulations under subsection (1) shall—
(a)provide for determination on the basis of an assessment of the person concerned;
(b)define the assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;
(c)make provision as to the manner of carrying out the assessment.
(3)Regulations under subsection (1) may, in particular, make provision—
(a)as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
(b)as to the manner in which that information or evidence is to be provided;
(c)for a person in relation to whom it falls to be determined whether he has limited capability for work to be called to attend for such medical examination as the regulations may require.
(4)Regulations under subsection (1) may include provision—
(a)for a person to be treated as not having limited capability for work if he fails without good cause—
(i)to provide information or evidence which he is required under such regulations to provide,
(ii)to provide information or evidence in the manner in which he is required under such regulations to provide it, or
(iii)to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
(b)as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
(c)as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
(5)Regulations may provide that, in prescribed circumstances, a person in relation to whom it falls to be determined whether he has limited capability for work, shall, if prescribed conditions are met, be treated as having limited capability for work until such time as—
(a)it has been determined whether he has limited capability for work, or
(b)he falls in accordance with regulations under this section to be treated as not having limited capability for work.
(6)The prescribed conditions referred to in subsection (5) may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question does not have, or is to be treated as not having, limited capability for work.
9Limited capability for work-related activity#
(1)For the purposes of this Part, whether a person's capability for work-related activity is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to undertake such activity shall be determined in accordance with regulations.
(2)Regulations under subsection (1) shall—
(a)provide for determination on the basis of an assessment of the person concerned;
(b)define the assessment by reference to such matters as the regulations may provide;
(c)make provision as to the manner of carrying out the assessment.
(3)Regulations under subsection (1) may, in particular, make provision—
(a)as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
(b)as to the manner in which that information or evidence is to be provided;
(c)for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require.
(4)Regulations under subsection (1) may include provision—
(a)for a person to be treated as not having limited capability for work-related activity if he fails without good cause—
(i)to provide information or evidence which he is required under such regulations to provide,
(ii)to provide information or evidence in the manner in which he is required under such regulations to provide it, or
(iii)to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
(b)as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
(c)as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
10Report#
The Department shall lay before the Assembly an independent report on the operation of the assessments under sections 8 and 9 annually for the first five years after these sections come into effect.
Part 2 · Housing benefit
30Local housing allowance#
(1)In section 129 of the Contributions and Benefits Act (housing benefit) subsection (4) ceases to have effect.
(2)After that section insert—“129A 1 For the purposes of section 129 above, the appropriate maximum housing benefit (in this section referred to as “the AMHB”) is determined in accordance with this section.2 Regulations must prescribe the manner in which the AMHB is to be determined.3 The regulations may provide for the AMHB to be ascertained in the prescribed manner by reference to Executive determinations.4 The regulations may make provision as to the circumstances in which, for the purpose of determining the AMHB, the amount of the liability mentioned in section 129(1)(a) above must be taken to be the amount of an Executive determination instead of the actual amount of that liability.5 Regulations under subsection (4) above may also make provision for the liability of a person who, by virtue of regulations under section 133(2)(j) below, is treated as having a liability mentioned in section 129(1)(a) above to be the amount of an Executive determination.6 An Executive determination is a determination made by the Executive in the exercise of functions under this section or regulations under this section.”
(3)In Schedule 7 to the 2000 Act (housing benefit: revisions and appeals), in paragraph 4—
(a)in sub-paragraph (1) for “sub-paragraph (4)” substitute “ sub-paragraphs (3) and (3A) ”;
(b)after sub-paragraph (3) insert—“3A Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.”
32Housing benefit for persons taking up employment#
(1)Subsection (2) applies if a person is entitled to housing benefit (by virtue of the general conditions of entitlement) and—
(a)he is also entitled to a prescribed benefit or his partner is entitled to such a benefit,
(b)he or his partner ceases to be entitled to the prescribed benefit in prescribed circumstances, and
(c)the prescribed conditions are satisfied.
(2)That person is entitled to housing benefit in accordance with this section for a prescribed period.
(3)Subsection (2) applies whether or not the person would be entitled to housing benefit by virtue of the general conditions of entitlement for the whole or any part of the prescribed period.
(4)A person who is entitled to housing benefit by virtue of subsection (2) must be treated for all purposes—
(a)as having made a claim for that benefit, and
(b)as having complied with any requirement under or by virtue of any statutory provision in connection with the making of such a claim.
(5)The amount of housing benefit payable in respect of a person who is entitled to the benefit by virtue of subsection (2) is to be determined in accordance with regulations made for the purposes of this section.
(7)Regulations may make provision in connection with the effect of a person's entitlement to housing benefit by virtue of subsection (2) on an award of such benefit by virtue of the general conditions of entitlement in respect of that person or his partner.
(8)Regulations may make provision as to circumstances in which subsection (6) does not apply.
(9)For the purposes of subsection (1) a person must be treated as entitled to housing benefit by virtue of the general conditions of entitlement if—
(a)he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and
(b)his entitlement to housing benefit ceased during the prescribed period before that time.
33Section 32: supplemental#
(1)The administration provisions apply in relation to housing benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—
(a)subsection (4) of that section;
(b)any prescribed modifications of those provisions which the Department thinks are necessary or expedient in connection with such housing benefit.
(2)In this section the administration provisions are—
(b)any orders or regulations made in pursuance of that Act.
(3)The power to make regulations under this section or section 32 is exercisable by the Department.
(4)Regulations made under this section or section 32 shall be subject to negative resolution.
(5)Where a power under this section or section 32 to make regulations is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(6)Any such power includes power—
(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the Department to be expedient; and
(b)to provide for a person to exercise a discretion in dealing with any matter.
(7)Any power to make regulations for the purposes of this section or section 32 is without prejudice to any power to make regulations for the purposes of any other statutory provision.
(8)Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any power conferred by this section or section 32 includes power to make different provision for different areas.
(9)Regulations under this section or section 32 relating to housing benefit administered by the Department of Finance and Personnel shall not be made without the consent of that Department.
(10)Any power to make regulations under this section or section 32, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel shall, if that Department so directs, be exercisable only in conjunction with it.
(11)In section 149 of the Administration Act (Social Security Advisory Committee) in subsection (5) in the definition of “the relevant enactments”, before paragraph (b) insert—“aj sections 32 and 33 of the Welfare Reform Act (Northern Ireland) 2007;”
(12)For the purposes of any statutory provision other than a relevant statutory provision entitlement to housing benefit by virtue of section 32(2) is to be treated as entitlement under section 129 of the Contributions and Benefits Act.
(13)In subsection (12), the relevant statutory provisions are—
(a)the administration provisions, and
(b)Part 7 of the Contributions and Benefits Act, except sections 122 and 130(2) and (3).
34Sections 32 and 33: interpretation#
(1)This section has effect for the interpretation of sections 32 and 33.
(2)The general conditions of entitlement are the conditions governing entitlement to housing benefit provided for by Part 7 of the Contributions and Benefits Act.
(3)Partner, in relation to a person, is a person who is a member of the same couple (within the meaning of Part 7 of the Contributions and Benefits Act) as that person.
(4)Prescribed means prescribed by regulations made by the Department.
36Directions by Department#
(1)Section 128D of the Administration Act (power to give directions) is amended in accordance with subsections (2) to (6).
(2)In subsection (2) for “invite” substitute “ require ”.
(3)After subsection (2) insert—“2A A requirement under subsection (2) above may specify—a any information or description of information to be provided;b the form and manner in which the information is to be provided.2B The Housing Executive must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Department specifies in the requirement.2C The Department may extend the period specified under subsection (2B) above.”
(4)For subsection (3) substitute—“3 After considering—a the report,b any proposals made by the Housing Executive in response to it, andc any other information the Department thinks is relevant,the Department may give directions to the Housing Executive under subsection (3A) or (3B) below or both.3A Directions under this subsection are directions as to—a standards which the Housing Executive is to attain in the prevention and detection of fraud relating to housing benefit or otherwise in the administration of that benefit;b the time within which the standards are to be attained.3B Directions under this subsection are directions to take such action as the Department thinks necessary or expedient for the purpose of improving the Housing Executive's exercise of its functions—a in relation to the prevention and detection of fraud relating to housing benefit;b otherwise in relation to the administration of that benefit.3C A direction under subsection (3B) above may specify the time within which anything is to be done.”
(5)In subsection (4), for “subsection (3)” substitute “ subsection (3A) ”.
(6)After subsection (4) add—“5 If the Department proposes to give a direction under this section it must give the Housing Executive an opportunity to make representations about the proposed direction.6 The Department may specify a period within which representations mentioned in subsection (5) above must be made.7 The Department may extend a period specified under subsection (6) above.8 Subsections (5) to (7) above do not apply if the Department thinks that it is necessary for a direction to be given as a matter of urgency.9 If the Department acts under subsection (8) above it must give in writing to the Housing Executive its reasons for doing so.”
(7)After section 128D of that Act insert—“128DA 1 The Department may at any time in accordance with this section vary or revoke a direction under section 128D above.2 A direction may be varied or revoked only if the Department thinks it is necessary to do so—a in consequence of representations made by the Housing Executive,b to rectify an omission or error, orc in consequence of a material change in circumstances.3 The Department must not vary a direction unless it first—a sends a copy of the proposed variation to the Housing Executive,b gives the Housing Executive its reasons for making the variation, andc gives the Housing Executive an opportunity to make representations about the proposed variation.4 The Department may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made.5 The Department may extend a period specified under subsection (4) above.”
Part 3 · Social security administration: general
Benefit fraud
45Loss of benefit for commission of benefit offences#
(2)The amendment made by subsection (1) shall be disregarded insofar as the application of section 6(1)(b) of that Act involves considering whether an offence committed before the day on which this section comes into operation was committed within the relevant period.
Overpayment recovery
41Recovery of overpaid benefit#
(1)Section 69 of the Administration Act (overpayments) is amended as follows.
(2)Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.
(3)In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) above or under regulations under subsection (4) above ”.
Part 4 · Miscellaneous
Other
54Power to stop payment of allowances to care home residents#
(1)In section 67 of the Contributions and Benefits Act (exclusions relating to attendance allowance) for subsection (2) substitute—“2 Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.3 The reference in subsection (2) above to a care home is to an establishment that provides accommodation together with nursing or personal care.4 The following are qualifying services for the purposes of subsection (2) above—a accommodation,b board, andc personal care.5 The reference in subsection (2) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.6 The power to specify an enactment for the purposes of subsection (2) above includes power to specify it only in relation to its application for a particular purpose.”
(2)In section 72 of that Act (care component of disability living allowance), for subsection (8) substitute—“8 Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.9 The reference in subsection (8) above to a care home is to an establishment that provides accommodation together with nursing or personal care.10 The following are qualifying services for the purposes of subsection (8) above—a accommodation,b board, andc personal care.11 The reference in subsection (8) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.12 The power to specify an enactment for the purposes of subsection (8) above includes power to specify it only in relation to its application for a particular purpose.”
55Medical examinations#
(1)The 1998 Order is amended as follows.
(2)In Article 2 (interpretation), in paragraph (2), after the definition of “the Department” insert—““health care professional” means—a a registered medical practitioner;b a registered nurse;c an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8); ord a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as the Department may prescribe;”
(3)In Article 19 (medical examination required by the Department), in paragraphs (1) and (2)(b), for “medical practitioner” substitute “ health care professional approved by the Department ”.
(4)In Article 20 (medical examination required by appeal tribunal), in paragraph (2), for “medical practitioner” substitute “ health care professional approved by the Department ”.
(5)In that Article, after paragraph (2), insert—“2A The power under paragraph (2) to refer a person to a health care professional approved by the Department includes power to specify the description of health care professional to whom the person is to be referred.”
Benefits for bereaved persons
46Widowed mother's allowance#
In section 37(2) of the Contributions and Benefits Act (which links entitlement to widowed mother's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), omit the words from “one of the conditions” to “person and”.
47Widowed parent's allowance#
In section 39A(3) of the Contributions and Benefits Act (which links entitlement to widowed parent's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), omit the words from “one of the conditions” to “person and”.
Compensation for pneumoconiosis etc.
52“Relevant employer”#
(1)The Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (NI 9) is amended as follows.
(2)In Article 2(2) (interpretation), at the end add—““relevant employer” has the meaning given in the Schedule.”
(3)In Article 3(3)(b) (payments to persons disabled by pneumoconiosis, etc.) for the words from “every person” to “disablement,” substitute “ every relevant employer of the person so disabled ”.
(4)In Article 11(2) (regulations subject to affirmative resolution), after “Article 4” insert “ , regulations under paragraph 9 of the Schedule ”.
(5)Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.
53“Dependant”#
(1)In Article 5 of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (NI 9) (meaning of “dependant”), for paragraph (1)(c) substitute—“c if neither sub-paragraph (a) nor sub-paragraph (b) applies but the deceased left a person who was residing with him and with whom he was in a qualifying relationship, that person;”
(2)After paragraph (2) of that Article insert—“2A For the purposes of paragraph (1)(c)—a two persons of the opposite sex are in a qualifying relationship if they are living together as husband and wife;b two persons of the same sex are in a qualifying relationship if they are living together as if they were civil partners.2B For the purposes of paragraph (2A)(b), two persons of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”
(3)In Schedule 22 to the Civil Partnership Act 2004 (c. 33) (existing provisions to which the provisions of section 246 about interpretation of references to stepchildren apply), after paragraph 6 insert—“6A Article 5(3) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“child” and “relative”: establishment of relationship).”
Disability living allowance: age conditions
48Care component of disability living allowance: persons under the age of 16#
(1)Section 72 of the Contributions and Benefits Act (care component of disability living allowance) is amended as follows.
(2)After subsection (1) insert—“1A In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the following modifications—a the condition mentioned in subsection (1)(a)(ii) above shall not apply, andb none of the other conditions mentioned in subsection (1) above shall be taken to be satisfied unless—i he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, orii he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.”
(3)After subsection (2) insert—“2A The modifications mentioned in subsection (1A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (2) above, but only—a in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, andb in relation to so much of any period mentioned in subsection (2) above as falls before the day on which he reaches the age of 16.”
(4)In subsection (5) (terminally ill person to be taken to have satisfied the conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert “ (notwithstanding subsection (1A)(b) above) ”.
(5)Subsection (6) (modifications for persons under 16) ceases to have effect.
(6)In subsection (7), for “subsections (5) and (6)” substitute “ subsection (5) ”.
(7)After that subsection insert—“7A Subsection (1A) above has effect subject to regulations made under subsection (7) above (except as otherwise prescribed).”
49Mobility component of disability living allowance: persons under the age of 16#
(1)Section 73 of the Contributions and Benefits Act (mobility component of disability living allowance) is amended as follows.
(2)For subsection (4) substitute—“4A In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the modification that the condition mentioned in paragraph (d) of that subsection shall not be taken to be satisfied unless—a he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, orb persons of his age in normal physical and mental health would not require such guidance or supervision.”
(3)In subsection (5), omit “Subject to subsection (4) above,”.
(4)After that subsection insert—“5A Subsection (4A) above has effect subject to regulations made under subsection (5) above (except as otherwise prescribed).”
(5)After subsection (9) insert—“9A The modifications mentioned in subsection (4A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (9) above, but only—a in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, andb in relation to so much of any period mentioned in subsection (9) above as falls before the day on which he reaches the age of 16.”
Part 5 · General
57Interpretation#
(1)In this Act—• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998 (NI 10);• “the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);• “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);• “the Department” means the Department for Communities ;• “the Housing Executive” means the Northern Ireland Housing Executive;• “the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995 (NI 15);• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(2)In the application, for the purposes of this Act, of—
(a)section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents by post) omit the word “registering”;
(b)section 39(2) of that Act (time beginning on a particular day), omit the word “not”.
58Repeals#
The statutory provisions specified in Schedule 8 are hereby repealed to the extent specified.
59Transition#
(1)The Department may by order make in connection with the coming into operation of any provision of this Act, except Part 1, such transitional provision or savings as it considers necessary or expedient.
(2)The power under subsection (1) includes power to make incidental, supplementary and consequential provision.
60Commencement#
(1)This Act, except the provisions specified in subsection (2), shall come into operation on such day or days as the Department may by order appoint.
(2)The provisions referred to in subsection (1) are—
(a)sections 38(2), 41, 50, 51, 53, 55, 57, 59, this section and section 61;
(b)paragraphs 1 and 5 of Schedule 5 and section 37 so far as relating thereto;
(c)paragraphs 1(1) and (3), 2 and 4 of Schedule 7 and section 56 so far as relating thereto;
(d)Schedule 8, so far as relating to—
(i)section 136(1A) of the Contributions and Benefits Act;
(ii)section 69(5), 69ZA and 147(3) of the Administration Act; and
(iii)Article 38(7)(a) of, and paragraph 62(2) of Schedule 6 to, the 1998 Order,
and section 58 so far as relating thereto.
Schedule 1 · Employment and support allowance: additional conditions
Part 1 · Contributory allowance
Conditions relating to national insurance
(1)
(1)The first condition is that—
(a)the claimant has actually paid Class 1 or Class 2 contributions in respect of one of the last two complete tax years (“the base tax year”) before the beginning of the relevant benefit year,
(b)those contributions must have been paid before the relevant benefit week, and
(c)the claimant's earnings determined in accordance with sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 26.
(2)The earnings referred to in sub-paragraph (1)(c) are the aggregate of
(a)the claimant's relevant earnings for the base tax year upon which primary Class 1 contributions have been paid or treated as paid, and
(b)the claimant's earnings factors derived from Class 2 contributions.
(3)Regulations may make provision for the purposes of sub-paragraph (2)(a) for determining the claimant's relevant earnings for the base tax year.
(3A)Regulations under sub-paragraph (3) may, in particular, make provision—
(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base tax year;
(b)for determining the amount of a person's earnings for any such period by—
(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Contributions and Benefits Act, and
(ii)then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base tax year's lower earnings limit (or the prescribed equivalent).
(4)Regulations may—
(a)provide for the condition set out in sub-paragraph (1) to be taken to be satisfied in the case of persons—
(i)who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time , or
(ii)who satisfy other prescribed conditions;
(b)with a view to securing any relaxation of the requirements of that condition in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.
(5)In sub-paragraph (4), “benefit” means—
(a)any benefit within the meaning of section 121(1) of the Contributions and Benefits Act,
(b)any benefit under Parts 7 to 12 of that Act,
(c)credits under regulations under section 22(5) of that Act,
(ca)credits under section 23A of that Act,
(d)an employment and support allowance, and
(e)working tax credit.
(za)universal credit,
(2)
(1)The second condition is that—
(a)the claimant has in respect of the last two complete tax years before the beginning of the relevant benefit year either paid or been credited with Class 1 or Class 2 contributions or been credited with earnings, and
(b)the earnings factor derived as mentioned in sub-paragraph (2) must be not less in each of those years than the year's lower earnings limit multiplied by 50.
(2)The earnings factor referred to in sub-paragraph (1)(b) is the aggregate of the claimant's earnings factors derived—
(a)from so much of his earnings as did not exceed the upper earnings limit for the year and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited, and
(b)from Class 2 contributions.
(3)Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, sub-paragraph (2)(a) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit for the year.
(3)
(1)For the purposes of paragraphs 1 and 2—
(a)“benefit year” means a period which is a benefit year for the purposes of Part 2 of the Contributions and Benefits Act or such other period as may be prescribed for the purposes of this Part of this Schedule;
(b)“Class 1 contributions”, “Class 2 contributions” and “primary Class 1 contributions” have the same meaning as in the Contributions and Benefits Act (see section 1 of that Act);
(c)“earnings” shall be construed in accordance with sections 3, 4 and 112 of that Act;
(d)“earnings factor” shall be construed in accordance with sections 22 and 23 of that Act;
(e)“lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of that Act and references to the lower or upper earnings limit of a tax year are to whatever is (or was) the limit in force for that year under that section;
(f)“relevant benefit year” is the benefit year which includes the beginning of the period of limited capability for work which includes the relevant benefit week;
(g)“tax year” means the 12 months beginning with 6th April in any year.
(2)Regulations may provide for sub-paragraph (1)(f) to have effect in prescribed circumstances with prescribed modifications in the case of—
(a)a person who has previously ceased to be entitled to an employment and support allowance;
(b)a person who has made a claim for an employment and support allowance in connection with which he failed to satisfy one or both of the conditions in paragraphs 1 and 2.
Condition relating to youth
(4)
(1)The third condition is that—
(a)the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,
(b)he is not receiving full-time education,
(c)he satisfies such conditions as may be prescribed with respect to residence or presence in Northern Ireland (or both), and
(d)there has been a day in the relevant period of limited capability for work—
(i)which was a day on which he was aged at least 16, and
(ii)which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.
(2)In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.
(3)Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).
(4)Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.
“Relevant benefit week”
(5)In this Part of this Schedule, “relevant benefit week” means the week in relation to which the question of entitlement to an employment and support allowance is being considered.
Part 2 · Income-related allowance
(6)
(1)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.
(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);
(g)any payment made in respect of the performance of duties as—
(2)
(3)
(a)
(b)
(4)
(a)
(b)
(5)In this paragraph—• “applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);• “couple” means—(a) two people who are married to, or civil partners of, each other and are members of the same household, or(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;• “education” has such meaning as may be prescribed;• “income-based jobseeker's allowance” has the same meaning as in the Jobseekers Order;• “remunerative work” has such meaning as may be prescribed.
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(8)
Schedule 2 · Employment and support allowance: supplementary provisions
(10ZA)Regulations may for any purpose of this Part provide for—
(a)circumstances in which a person is to be treated as having or not having a good reason for an act or omission;
(b)matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.
Limited capability for work
(1)Regulations may make provision—
(a)for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work;
(b)for the question of whether a person has limited capability for work to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work;
(c)for the question of whether a person has limited capability for work to be determined afresh in prescribed circumstances.
Waiting days
(2)Except in prescribed circumstances, a person is not entitled to an employment and support allowance in respect of a prescribed number of days at the beginning of a period of limited capability for work.
Periods of less than a week
(3)Regulations may make provision in relation to—
(a)entitlement to an employment and support allowance, or
(b)the amount payable by way of such an allowance,
in respect of any period of less than a week.
Linking periods
(4)
(1)Regulations may provide for circumstances in which a period of limited capability for work which is separated from another period of limited capability for work by not more than a prescribed length of time is to be treated for the purposes of this Part as a continuation of the earlier period.
(2)Regulations may provide, in relation to periods which are linked by virtue of regulations under sub-paragraph (1), that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period.
Exemption
(4A)Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.
Presence in Northern Ireland
(5)Regulations may make provision for the purposes of this Part as to the circumstances in which a person is to be treated as being, or not being, in Northern Ireland.
Contributory allowance: entitlement in case of absence from Northern Ireland
(6)Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to an employment and support allowance.
Contributory allowance: modification in relation to employment on ships etc.
(7)
(1)Regulations may modify any provision of this Part, so far as relating to a contributory allowance, in its application to any person who is, has been, or is to be—
(a)employed on board any ship, vessel, hovercraft or aircraft, or
(b)outside Northern Ireland at any prescribed time or in any prescribed circumstances.
(2)Regulations under this paragraph may, in particular, provide—
(a)for any provision of this Part to apply even though it would not otherwise apply;
(b)for any such provision not to apply even though it would otherwise apply;
(c)for the taking of evidence, in a country or territory outside Northern Ireland, by a consular official or other prescribed person;
(d)for enabling the whole, or any part, of an employment and support allowance to be paid to such of the claimant's dependants as may be prescribed.
Effect of work
(10)Regulations may prescribe circumstances in which a person is to be treated as not entitled to an employment and support allowance because of his doing work.
Good reason for failure to comply with certain regulations
(10A)
(1)This paragraph applies to any regulations made under paragraph 10ZA that prescribe matters to be taken into account in determining whether a person has a good reason for any failure to comply with the regulations.
(2)The provision made by the regulations prescribing those matters must include provision relating to—
(a)the person's physical or mental health or condition;
(b)the availability of childcare.
Responsibility for children
(10B)Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child.
Treatment of allowance as “benefit”
(11)Regulations may provide for—
(a)an employment and support allowance,
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
to be treated, for prescribed purposes of the Contributions and Benefits Act, as a benefit, or a benefit of a prescribed description.
Attribution of reductions in cases where allowance taken to consist of two elements
(12)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
Advance claims
(14)This Part shall have effect with prescribed modifications in relation to cases where a claim to an employment and support allowance is by virtue of regulations under section 5(1)(c) of the Administration Act (advance claims) made, or treated as if made, for a period wholly or partly after the date on which it is made.
Schedule 3 · Consequential amendments relating to part 1
The Education Reform (Northern Ireland) Order 1989 (NI 20)
(1)In Article 131 of the Education Reform (Northern Ireland) Order 1989 (charges and remissions policies), in paragraph (3)(b) (cases where receipt of benefit by pupil's parent to give rise to remission), for “or an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995)” substitute “ , an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007) ”.
The Child Support (Northern Ireland) Order 1991 (NI 23)
(2)
(1)The Child Support (Northern Ireland) Order 1991 is amended as follows.
(2)In Article 2 (interpretation), after the definition of “income-based jobseeker's allowance” insert—““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”
(3)In Article 9 as amended by the 2000 Act (applications by those claiming or receiving benefit), in paragraph (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(4)In that Article as it has effect apart from the 2000 Act (applications by those receiving benefit), in paragraph (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(5)In Article 43 as amended by the 2000 Act (reduced benefit decisions), in paragraph (10), in the definition of “relevant benefit”, for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance, an income-related employment and support allowance ”.
(6)In that Article as it has effect apart from the 2000 Act (failure to comply with obligations imposed by Article 9), in paragraph (11), in the definition of “relevant benefit”, after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(7)In Article 44(2)(b) (persons to be exempted from payment of fees), after “income-based jobseeker's allowance,” insert “ an income-related employment and support allowance, ”.
(8)In Part 1 of Schedule 1 as it has effect apart from the 2000 Act (calculation of child support maintenance), in paragraph 5(4) (parents who are to be taken to have no assessable calculable income), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
The Children (Northern Ireland) Order 1995 (NI 2)
(5)
(1)The Children (Northern Ireland) Order 1995 is amended as follows.
(2)In Article 2 (interpretation), in paragraph (2), after the definition of “income-based jobseeker's allowance” insert—““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”
(3)In Article 18 (duty of authority to provide personal social services for children in need, their families and others), in paragraph (9) (persons exempt from repayment of assistance), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(4)In Article 18C (direct payments), in paragraph (7) (persons in relation to whom special provision applies), in sub-paragraph (b), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(5)In Article 24 (recoupment of costs of providing services, etc.), in paragraph (3) (exempt persons), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(6)In Article 39 (liability to contribute), in paragraph (4) (persons exempt from liability to contribute), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
The Jobseekers (Northern Ireland) Order 1995 (NI 15)
(6)
(1)The Jobseekers Order is amended as follows.
(2)In Article 2 (interpretation)—
(a)in paragraph (2), after the definition of “income-based jobseeker's allowance” insert—““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”
(b)in paragraph (3), for “capable of work” substitute “ limited capability for work ”.
(3)In Article 3 (the jobseeker's allowance), in paragraph (2) (conditions of entitlement), for sub-paragraph (f) substitute—“f does not have limited capability for work;”
(4)In Article 5 (income-based conditions), in paragraph (1)—
(a)in sub-paragraph (b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;
(b)after sub-paragraph (dd) insert—“de is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;”
(5)In Article 5A (conditions for claims by joint-claim couples), in paragraph (1), after sub-paragraph (cc) insert—“cd that neither member of the couple is entitled to an income-related employment and support allowance;”
(6)In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—“2 1 The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Order, in accordance with the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).2 References in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.”
The Road Traffic (Northern Ireland) Order 1995 (NI 18)
(7)In Article 25 of the Road Traffic (Northern Ireland) Order 1995 (payments in respect of applicants for exemption from wearing seat belts), in paragraph (2) (applicants who qualify), in sub-paragraph (b) after “Jobseekers (Northern Ireland) Order 1995” insert “ , an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or ”.
The Pensions (Northern Ireland) Order 1995 (NI 22)
(8)In Schedule 2 to the Pensions (Northern Ireland) Order 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act (Northern Ireland) 2002” substitute “ , the State Pension Credit Act (Northern Ireland) 2002 and Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.
The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)
(9)
(1)The Industrial Tribunals (Northern Ireland) Order 1996 is amended as follows.
(2)In Article 18 (power to provide for recoupment of benefits)—
(a)in paragraphs (3)(a) and (c) and (4)(cc) and (e), for “or income support” substitute “ , income support or income-related employment and support allowance ”;
(b)in paragraph (3)(b), for “either benefit” substitute “ jobseeker's allowance, income support or income-related employment and support allowance ”.
(3)In Article 19 (recoupment: further provisions), in paragraph (1), for “or income support”, in both places, substitute “ , income support or income-related employment and support allowance ”.
(4)In that Article, at the end add—“5 In this Article and Article 18 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).”
The Immigration and Asylum Act 1999 (c. 33)
(11)In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) in subsection (2) (benefits to which entitlement excluded), after “2002,” insert “ to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) ”.
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)
(12)In Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (power to make regulations about the use and supply of social security information), in paragraph (3) (provisions in connection with which the power is exercisable), at the end add“, or d Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”
Schedule 4 · Transition relating to part 1
General power to provide for transition relating to Part 1
(1)
(1)Regulations may make such provision as the Department considers necessary or expedient—
(a)in connection with the coming into operation of any provision of, or repeal relating to, this Part, or
(b)otherwise for the purposes of, or in connection with, the transition to employment and support allowance.
(2)The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1).
Pre-commencement claims
(2)Regulations may—
(a)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance;
(b)make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day.
Post-commencement claims
(3)Regulations may—
(a)make provision excluding the making of a claim for incapacity benefit or severe disablement allowance on or after the appointed day;
(b)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made on or after the appointed day to be treated in prescribed circumstances as a claim for an employment and support allowance;
(c)make provision for a claim for an employment and support allowance to be treated wholly or partly as a claim for incapacity benefit, income support or severe disablement allowance;
(d)make provision excluding the making of a claim for an employment and support allowance by a person who is entitled to an existing award.
Award of employment and support allowance for pre-commencement period
Matching of awards of employment and support allowance
Treatment of existing awards
(7)
(1)Regulations may—
(a)make provision for converting existing awards into awards of an employment and support allowance, and with respect to the terms of conversion;
(b)make provision for the termination of existing awards in prescribed circumstances.
(2)Regulations under sub-paragraph (1)(a) may, in particular—
(a)make provision for conversion of an existing award—
(i)on application, in accordance with the regulations, by the person entitled to the award, or
(ii)without application;
(b)make provision about the conditions to be satisfied in relation to an application for conversion;
(c)make provision about the timing of conversion;
(d)provide for an existing award to have effect after conversion as an award of an employment and support allowance—
(i)of such a kind,
(ii)for such period,
(iii)of such an amount, and
(iv)subject to such conditions,
as the regulations may provide;
(e)make provision for determining in connection with conversion of an existing award whether a person has limited capability for work-related activity.
(f)make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards.
(3)Regulations under sub-paragraph (1)(a) may, in relation to existing awards which have been the subject of conversion under this paragraph, include provision about revision under Article 10 of the 1998 Order, or supersession under Article 11 of that Order in respect of the period before conversion.
Transitional allowances
(8)Regulations may—
(a)make provision for a person's continuing entitlement to an employment and support allowance awarded by virtue of regulations under paragraph 7 (a “transitional allowance”) to be determined by reference to such provision as may be made by the regulations;
(b)make provision for the review of an award of a transitional allowance;
(c)make provision for the termination of an award of a transitional allowance;
(d)make provision for this Part, or any other statutory provision relating to social security, to have effect with prescribed modifications in relation to a person with a transitional allowance;
(e)make provision for the purpose of enabling a transitional allowance to be revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order.
Post-commencement up-rating of incapacity benefit and severe disablement allowance
Interpretation
(11)In this Schedule—• “appointed day” means the day appointed for the coming into operation of section 1;• “existing award” means—(a) an award of incapacity benefit,(b) an award of severe disablement allowance, and(c) an award of income support made to a person to whom regulation 6(4)(a) or 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987 (SR 1987/459) (persons incapable of work or disabled) applies;• “incapacity benefit” (except in paragraph 10(a)) means—(a) incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act;(b) long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (SR 1995/35) (former sickness benefit); and(c) invalidity benefit which has effect by virtue of regulation 17(1) of those regulations as if it were long-term incapacity benefit;• “income support” means income support under section 123 of the Contributions and Benefits Act;• “severe disablement allowance” means severe disablement allowance under section 68 of that Act (as it has effect by virtue of Article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (SR 2000/332));• “transitional allowance” has the meaning given by paragraph 8(a).
Schedule 5 · Minor and consequential amendments relating to part 2
Schedule 6 · Schedule to be inserted in the pneumoconiosis, etc., (workers' compensation) (northern ireland) order 1979
Schedule 7 · Minor and consequential amendments relating to part 4
The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
(3)In Article 17 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (social security: amendments following certain orders), at the end of paragraph (2) add “ the Welfare Reform Act 2007 ”.
Schedule 8 · Repeals
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