Office of Public Sector Information
PART 1 continued
(6) In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.
(7) An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—
(a) may specify its duration,
(b) may be revoked at any time by the Department, and
(c) shall not prevent the Department or any other person from exercising the function to which the authorisation relates.
(8) Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Department.
(9) Subsection (8) shall 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 his).
(10) Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Department under Article 9 of the 1998 Order.
(11) Where—
(a) a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and
(b) the authorisation is revoked at a time when a relevant contract is subsisting,
the authorised person shall be entitled to treat the relevant contract as repudiated by the Department (and not as frustrated by reason of the revocation).
(12) In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Department as relates to the exercise of the function.
(13) In this section, references to functions of the Department under—
(a) a statutory provision contained in, or in regulations under, this Part; or
(b) a statutory provision contained in Chapter 2 of Part 2 of the 1998 Order,
include a reference to any function which the Department has by virtue of the application in relation to that provision of Article 9(1)(c) of that Order (decisions under certain statutory provisions to be made by the Department).
(14) In this section “the Department” means the Department for Social Development or the Department for Employment and Learning.
17.—(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.
18.—(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 a contributory allowance for any period during which he is—
(a) absent from Northern Ireland; or
(b) undergoing imprisonment or detention in legal custody.
19.—(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 24 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 ascertaining whether their provisions will or will be likely to—
(a) encourage persons to obtain or remain in work, or
(b) make it more likely that persons will obtain or remain in work or be able to do so.
(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;
(c) persons selected—
(i) by reference to prescribed criteria, or
(ii) on a sampling basis.
(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.
20.—(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 a contributory 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 a contributory allowance in respect of the same period,
(b) a woman shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a woman shall be entitled to a contributory 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 a contributory 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 a contributory allowance in respect of the same period,
(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.
(6) Except as regulations may provide, a person who is entitled to additional statutory paternity pay is not entitled to a contributory allowance in respect of a day that falls within the additional paternity pay period.
(7) Regulations may provide that—
(a) an amount equal to a person’s additional statutory paternity pay for a period shall be deducted from a contributory allowance in respect of the same period,
(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and
(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.
(8) In this section—
“additional paternity pay period” has the meaning given in section 167ZEE(2) of the Contributions and Benefits Act;
“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.
21. 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.
22. Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.
23.—(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-related allowance has been made to that person’s spouse or civil partner.
(2) The reference in subsection (1) to a recovery order is to an order requiring the person against whom it is made to make payments to the Department or to such other person or persons as the court may determine.
(3) Regulations under subsection (1) may include—
(a) provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;
(b) provision as to the enforcement of orders under the regulations;
(c) provision for the transfer by the Department of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.
(4) In this section, “the court” means a court of summary jurisdiction.
24.—(1) In this Part—
“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—
the provisions of this Act,
section 1 of the Administration Act (entitlement dependent on making of claim), and
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;
“week” means a period of seven days beginning with a Sunday or such other period of seven days as may be prescribed;
“work-related activity” has the meaning given by section 13(7).
(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.
(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) In relation to this Part, for the purposes of Chapter 2 of Part 2 of the 1998 Order, a decision made by the Department for Employment and Learning shall be treated as if it were a decision of the Department (and accordingly, may be revised by the Department for Employment and Learning under Article 10 of that Order, or superseded by a decision made by it under Article 11 of that Order, as the case may be).
(6) Information which is held—
(a) by the Department may be supplied to the Department for Employment and Learning; or
(b) by the Department for Employment and Learning may be supplied to the Department,
for the purposes of their functions under this Part.
25.—(1) Where any power under this Part to make regulations 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 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 15 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.
26.—(1) Subject to the following provisions of this section, any regulations made under this Part 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).
27.—(1) There shall be paid out of the Northern Ireland National Insurance Fund so much of any sums payable by way of employment and support allowance as is attributable to entitlement to a contributory 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 contributory allowance.
(3) The Department shall pay into the Consolidated Fund sums estimated by it to be equivalent in amount to sums recovered by it in connection with payments made by way of income-related allowance.
28.—(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.
29. Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.
Welfare Reform Act (Northern Ireland) 2007