Citation and commencement

1.  These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation—

(a) for the purposes of this regulation, regulations 13(1) to (12) and (14) to (20) and 22 on 27th July 2008; and

(b) for all other purposes on 27th October 2008.

Amendment of the Social Security Contributions and Benefits Act

2.—(1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) is amended in accordance with paragraphs (2) and (3).

(2) In section 44A(3) (deemed earnings factors)—

(a) in subsection (2)(d)—

(i) after “incapacity benefit” insert “or qualifying employment and support allowance”, and

(ii) in sub-paragraph (i) after “Schedule 3” add “or, as the case may be, paragraph 1 of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007”.

(b) after subsection (6) add—

“(7) In subsection (2)(d) “qualifying employment and support allowance” means contributory employment and support allowance where—

(a) that allowance was payable for a continuous period of 52 weeks;

(b) that allowance included the support component under section 2(2) of the Welfare Reform Act (Northern Ireland) 2007; or

(c) in the case of—

(i) a man born between 6th April 1944 and 5th April 1947, or

(ii) a woman born between 6th April 1949 and 5th April 1951,

that allowance was payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.”.

(3) In paragraph 2 of Schedule 11(4) (circumstances in which periods of entitlement to statutory sick pay do not arise) after sub-paragraph (d) insert—

“(dd) in the period of 85 days ending immediately before the relevant date the employee had at least one day on which he was entitled to an employment and support allowance (or would have been so entitled had he satisfied the requirements in section 1(2) of the Welfare Reform Act (Northern Ireland) 2007).”.

Amendment of the Social Security (Recovery of Benefits) Order

3.—(1) The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997(5) is amended in accordance with paragraphs (2) and (3).

(2) In Article 2(2)(6) (interpretation) in the definition of “benefit” after “a jobseeker’s allowance” insert “, an employment and support allowance”.

(3) In Schedule 2 (calculation of compensation payment), in column (2) of paragraph 1, after the entry “Disablement pension payable under section 103 of the Contributions and Benefits Act” insert “Employment and support allowance”.

Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations

4.—(1) The Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975(7) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Industrial Injuries Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”, and

(b) after the definition of “appropriate weekly rate” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 3(8) (modifications, in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, maternity allowance and Category A retirement pension)—

(a) in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”;

(b) in paragraph (1)—

(i) in sub-paragraph (a) after “Schedule 3 to the Act” add “or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the first condition referred to in paragraph 1(1) of Schedule 1 to the Welfare Reform Act”, and

(ii) in sub-paragraph (b) after “Schedule 3 to the Act” insert “or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the second condition referred to in paragraph 2(1) of Schedule 1 to the Welfare Reform Act”; and

(c) in paragraph (5) after “short-term incapacity benefit”, in each place where it occurs, insert “, contributory employment and support allowance”.

Amendment of the Social Security (Airmen’s Benefits) Regulations

5.—(1) The Social Security (Airmen’s Benefits) Regulations (Northern Ireland) 1975(9) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation) after the definition of “the Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”.

(3) In regulation 2(10) (removal of disqualification in the case of airmen for receiving benefit while absent from Northern Ireland)—

(a) in paragraph (1)—

(i) after “of the Act” insert “or section 18(1) of the Welfare Reform Act”, and

(ii) after “incapacity benefit” insert “, employment and support allowance”; and

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “, employment and support allowance”, and

(ii) after “incapable of work” insert “or to have limited capability for work as defined in section 1(4) of the Welfare Reform Act”.

(4) In regulation 3(11) (application of the Act and regulations) for “, and the Jobseekers (Northern Ireland) Order 1995 and regulations made thereunder” substitute “, the Jobseekers (Northern Ireland) Order 1995 and regulations made thereunder and Part 1 of the Welfare Reform Act and regulations made under it”.

Amendment of the Social Security (Mariners’ Benefits) Regulations

6.—(1) The Social Security (Mariners’ Benefits) Regulations (Northern Ireland) 1975(12) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(i) after the definition of “the Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”, and

(ii) after the definition of “British ship” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 4(13) (removal of disqualification for receiving benefit by reason of absence from Northern Ireland)—

(a) after “of the Act” insert “or section 18(1) of the Welfare Reform Act”; and

(b) after “incapacity benefit”, in both places where it occurs, insert “, contributory employment and support allowance”.

(4) In regulation 5(14) (evidence of unemployment or incapacity)—

(a) in the heading for “or incapacity” substitute “, incapacity for work or limited capability for work”; and

(b) after “incapacity benefit” insert “, contributory employment and support allowance”.

(5) In regulation 6(15) (special provisions relating to days of unemployment or incapacity for work in the case of mariners and share fishermen employed on board any ships or vessels)—

(a) in the heading for “or incapacity for work” substitute “, incapacity for work or limited capability for work”; and

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “, contributory employment and support allowance”, and

(ii) after “incapable of work” insert “or to have limited capability for work as defined in section 1(4) of the Welfare Reform Act”.

Amendment of the Social Security (Credits) Regulations

7.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(16) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Jobseekers Order”(17) insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”;

(b) in the definition of “benefit”(18) after “an income-based jobseeker’s allowance” add “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(c) after the definition of “contribution-based jobseeker’s allowance”(19) insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(d) after the definition of “income-based jobseeker’s allowance”(20) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;

(e) in the definition of “reckonable year”(21)—

(i) omit “or” after paragraph (a),

(ii) after paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;

(f) in the definition of “relevant benefit year”(22)—

(i) omit “or” after paragraph (a), and

(ii) after paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”.

(3) In regulation 3(1)(23) (general provisions relating to the crediting of contributions and earnings)—

(a) omit “or” after sub-paragraph (a); and

(b) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.

(4) In regulation 8(1)(24) (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

(5) In regulation 8A(2)(c)(25) (credits for unemployment) after “incapable of work” insert “or had limited capability for work”.

(6) In regulation 8B(26) (credits for incapacity for work)—

(a) in the heading after “incapacity for work” add “or limited capability for work”; and

(b) in paragraph (2)—

(i) omit “or” after sub-paragraph (a), and

(ii) after sub-paragraph (a) insert—

“(aa) a week in which, in relation to the person concerned, each of the days—

(i) was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of that Act, or

(ii) would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.

(7) In regulation 8C(1)(27) (credits on termination of bereavement benefits)—

(a) omit “or” after sub-paragraph (a); and

(b) after sub-paragraph (b) add—

“or

(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.

Amendment of the Social Security (Medical Evidence) Regulations

8.—(1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(28) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation) after the definition of “the Contributions and Benefits Act”(29) insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;

“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007;

“limited capability for work assessment” means the assessment of whether a person has limited capability for work as set out in regulation 19(2) of, and Schedule 2 to, the Employment and Support Allowance Regulations;”.

(3) In regulation 2(30) (evidence of incapacity for work and confinement)—

(a) in the heading after “incapacity for work” insert “, limited capability for work”;

(b) in paragraph (1)—

(i) after “incapable of work” insert “or having limited capability for work”,

(ii) after “personal capability assessment”, in both places where it occurs, insert “or the limited capability for work assessment”,

(iii) after “evidence of such incapacity” insert “or limited capability for work”, and

(iv) in sub-paragraph (c) after “incapable of work” insert “or whether a person has or does not have limited capability for work”; and

(c) in paragraph (2) after “personal capability assessment” insert “or the limited capability for work assessment”.

(4) In regulation 5(31) (self-certificate for first 7 days of a spell of incapacity for work)—

(a) in the heading after “incapacity for work” add “or limited capability for work”;

(b) in paragraph (1)—

(i) after “evidence of incapacity” insert “or limited capability for work”,

(ii) omit “or” after sub-paragraph (a), and

(iii) after sub-paragraph (b) insert—

“(c) for a period of limited capability for work which lasts less than 8 days; or

(d) in respect of any of the first 7 days of a longer period of limited capability for work,”; and

(c) in for paragraph (2) for the definition of “self-certificate” substitute—

“a “self-certificate” means either—

that he has been unfit for work from a date or for a period specified in the declaration and may include a statement that the claimant expects to continue to be unfit for work on days subsequent to the date on which it is made;.”.

Amendment of the Social Security (Overlapping Benefits) Regulations

9.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(32) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Pensions Order” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”;

(b) in the definition of “contributory benefit”(33) for “ and a contribution-based jobseeker’s allowance” substitute “a contribution-based jobseeker’s allowance and a contributory employment and support allowance”; and

(c) in the definition of “personal benefit”(34) after “includes” insert “a contributory employment and support allowance but not an income-related employment and support allowance and includes”.

(3) In regulation 4(1)(a)(35) (adjustment of personal benefit) after “industrial injuries benefits)” insert “, Part 1 of the Welfare Reform Act”.

(4) In regulation 10(1) (adjustment of dependency benefit where certain personal benefit is payable) after sub-paragraph (j)(36) insert—

“(k) a contributory employment and support allowance,”.

(5) In regulation 16(37) (persons to be treated as entitled to benefit for certain purposes)—

(a) after “the Act”, in the first place where it occurs, insert “, Part 1 of the Welfare Reform Act”; and

(b) after “under it,”, in the first place where it occurs, insert “under Part 1 of the Welfare Reform Act and regulations made under it”.

(6) In regulation 17(38) (prevention of double adjustments) for “or under the Jobseekers Order”, in both places where it occurs, substitute “, the Jobseekers Order or Part 1 of the Welfare Reform Act”.

(7) In Schedule 1 (personal benefits which are required to be adjusted) in column (1) of paragraph 4(39) after “severe disablement allowance” insert “, contributory employment and support allowance”.

Amendment of the Statutory Sick Pay (General) Regulations

10.  In regulation 3 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(40) (period of entitlement ending or not arising) after paragraph (2B) insert—

“(2C) A period of entitlement in respect of an employee who was entitled to employment and support allowance shall not arise in relation to any day within a period of limited capability for work beginning with the first day on which paragraph 2(dd) of Schedule 11 to the Contributions and Benefits Act ceases to have effect where the employee in question is a person to whom regulation 148 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (work or training beneficiaries) applies.”.

Amendment of the Statutory Maternity Pay (General) Regulations

11.  In regulation 25A(1) of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(41) (provision of information relating to claims for certain other benefits) for “or incapacity benefit” substitute “, incapacity benefit or an employment and support allowance”.

Amendment of the Income Support (General) Regulations

12.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(42) are amended in accordance with paragraphs (2) to (15).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the 1998 Order”(43) insert the following definition—

““the benefit Acts” means the Contributions and Benefits Act, the Jobseekers Order and Part 1 of the Welfare Reform Act”;

(b) after the definition of “the Registered Homes Order”(44) insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”;

(c) after the definition of “concessionary payment” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(d) after the definition of “employment”(45) insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;”;

(e) after the definition of “the Housing Benefit (State Pension Credit) Regulations”(46) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 6(5)(47) (persons not treated as engaged in remunerative work)—

(a) in sub-paragraph (b) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and

(b) in sub-paragraph (c)—

(i) omit “or” after head (i), and

(ii) after head (ii) for “and” substitute—

“or

(iii) an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify under paragraphs 16 to 18 of that Schedule, and”.

(4) In regulation 14(2)(48) (persons of a prescribed description)—

(a) omit “or” after sub-paragraph (b); and

(b) after sub-paragraph (c) add—

“or

(d) entitled to an employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled.”.

(5) In regulation 31(2)(49) (date on which income is treated as paid) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”.

(6) In regulation 32(4)(b)(50) (calculation of weekly amount of income) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

(7) In regulation 40 (calculation of income other than earnings) after paragraph (5)(51) add—

“(6) Where the claimant—

(a) is a member of a couple;

(b) his partner is receiving a contributory employment and support allowance, and

(c) that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,

the amount of that benefit to be taken into account is the amount as if it had not been so reduced.”.

(8) In regulation 72 (assessment of income and capital in urgent cases)—

(a) in paragraph (1)(a)(ii)(52) after “(urgent cases)” insert “or of employment and support allowance under regulation 162 of the Employment and Support Allowance Regulations”, and

(b) in paragraph (2)(53) after “regulation 70” insert “, regulation 162 of the Employment and Support Allowance Regulations”.

(9) In regulation 73(3)(54) (amount of income support payable) in the definition of “B” for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”.

(10) In regulation 75(55) (modifications in the calculation of income)—

(a) in paragraph (b) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”;

(b) in paragraph (e) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”; and

(c) in paragraph (f) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”.

(11) In Schedule 3(56) (housing costs)—

(a) in paragraph 1(57) (housing costs)—

(i) in sub-paragraph (3) after head (c) add—