Office of Public Sector Information
SCHEDULE 1 continued PART 2
6.—(1) The conditions are that the claimant—
(a) has an income which does not exceed the applicable amount or has no income;
(b) does not have capital which, or a prescribed part of which, exceeds the prescribed amount;
(c) is not entitled to state pension credit;
(d) is not a member of a couple the other member of which is entitled to an income-related allowance, state pension credit, income support or an income-based jobseeker’s allowance;
(e) is not engaged in remunerative work;
(f) is not a member of a couple the other member of which is engaged in remunerative work;
(g) is not receiving education.
(2) Where the claimant is a member of a couple, the income and capital of the other member of the couple shall, except in prescribed circumstances, be treated for the purpose of this paragraph as income and capital of the claimant.
(3) Regulations may prescribe circumstances in which, for the purposes of sub-paragraph (1)(e) and (f)—
(a) a person who is not engaged in remunerative work is to be treated as engaged in remunerative work, or
(b) a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.
(4) Regulations may—
(a) make provision about when, for the purposes of sub-paragraph (1)(g), a person is, or is not, to be treated as receiving education;
(b) prescribe circumstances in which sub-paragraph (1)(g) does not apply.
(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 man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other, but are living together as husband and wife otherwise than in prescribed circumstances;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other, but are living together as if they were civil partners 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) For the purposes of this paragraph, two people 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.
(7) Regulations may make provision for the preceding provisions of this paragraph to have effect with prescribed modifications in a case where—
(a) the claimant is a husband or wife by virtue of a marriage entered into under a law which permits polygamy,
(b) either party to the marriage has for the time being any spouse additional to the other party, and
(c) the claimant, the other party to the marriage and the additional spouse are members of the same household.
(8) Regulations may make provision for the purposes of this paragraph as to circumstances in which people are to be treated as being or not being members of the same household.
Section 22.
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.
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.
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.
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.
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.
6. Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to a contributory allowance.
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 a contributory allowance to be paid to such of the claimant’s dependants as may be prescribed.
8.—(1) Regulations may provide that in prescribed circumstances a claimant who is entitled to an income-related allowance immediately before ceasing to be in Northern Ireland continues to be entitled to such an allowance after ceasing to be in Northern Ireland.
(2) Regulations may modify any provision of this Part, so far as relating to an income-related allowance, in its application to a person who is entitled to such an allowance by virtue of regulations under sub-paragraph (1).
(3) Regulations under sub-paragraph (2) 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.
9. Regulations may make provision—
(a) for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work-related activity;
(b) for the question of whether a person has limited capability for work-related activity 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-related activity;
(c) for the question of whether a person has limited capability for work-related activity to be determined afresh in prescribed circumstances.
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.
11. Regulations may provide for—
(a) an employment and support allowance,
(b) a contributory allowance, or
(c) an income-related allowance,
to be treated, for prescribed purposes of the Contributions and Benefits Act, as a benefit, or a benefit of a prescribed description.
12. Where an employment and support allowance is taken by virtue of section 6(5) to consist of two elements, any reduction in the amount payable in respect of the allowance which falls to be made by virtue of—
(a) section 11,
(b) section 12,
(c) section 13, or
(d) section 2AA of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner),
shall be treated as reducing such of those elements by such amount as may be prescribed.
13. Information supplied in pursuance of regulations under any of sections 8 to 13 shall be taken for all purposes to be information relating to social security.
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.
Welfare Reform Act (Northern Ireland) 2007