Welfare Reform Act (Northern Ireland) 2007

(5B) (1) A relevant authority may use for a relevant purpose any social security information which it holds. (2) Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which— (a) is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and (b) was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 5A(2)(e) above. (3) A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of— (a) identifying persons who may be entitled to such a benefit; (b) encouraging or assisting a person to make such a claim; (c) advising a person in relation to such a claim. (4) Social security information means— (a) information relating to social security, child support or war pensions; (b) evidence obtained in connection with a claim for or an award of a specified benefit. (5) A specified benefit is a benefit which is specified in regulations for the purposes of this section. (6) Expressions used in this section and in section 5A have the same meaning in this section as in that section. (7) This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.

.

• (2) In section 5A of that Act—

• (a) in subsection (2) after paragraph (d) add—

(e) the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.

;

• (b) in subsection (3) for “and (d)” substitute “ , (d) and (e) ”.

Information relating to certain benefits

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unlawful disclosure of certain information

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overpayment recovery

Recovery of overpaid benefit

41

• (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 ”.

Benefit fraud

Housing Executive powers to investigate benefit fraud

42

• (1) Section 104A of the Administration Act (authorisation of investigations by the Housing Executive) is amended as follows.

• (2) In subsection (1) for “any one or more of the purposes mentioned in subsection (2) below” substitute “ a relevant purpose ”.

• (3) After subsection (1) insert—

(1A) Each of the following is a relevant purpose— (a) a purpose mentioned in subsection (2) below; (b) a purpose mentioned in section 103A(2)(a), (c) or (d) above. (1B) If the Department prescribes conditions for the purposes of this section, the Housing Executive must not proceed under this section for a purpose mentioned in section 103A(2)(a), (c) or (d) above unless any such condition is satisfied. (1C) An authorisation made for a purpose mentioned in section 103A(2)(a), (c) or (d) above— (a) is subject to such restrictions as may be prescribed; (b) is not valid in such circumstances as may be prescribed.

.

• (4) In subsection (2) for “Those purposes” substitute “ The purposes in this subsection ”.

• (5) In subsection (7) after paragraph (c) add— “ but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above. ”.

Housing Executive powers to prosecute benefit fraud

43

After section 110 of the Administration Act (legal proceedings) insert—

(110A) (1) This section applies if the Housing Executive has power to bring proceedings for a benefit offence relating to housing benefit. (2) The Housing Executive may bring proceedings for a benefit offence relating to any other relevant social security benefit unless— (a) the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Department prescribes for the purposes of this paragraph, or (b) the Department has directed that the Housing Executive must not bring the proceedings, and a direction under paragraph (b) above may relate to the Housing Executive or to particular proceedings or any description of proceedings. (3) If the Department prescribes conditions for the purposes of this section the Housing Executive must not bring proceedings under this section unless any such condition is satisfied. (4) The Department may continue proceedings which have been brought by the Housing Executive under this section as if the proceedings had been brought in the Department's name or it may discontinue the proceedings if— (a) it makes provision under subsection (2)(a) above, such that the Housing Executive would no longer be entitled to bring the proceedings under this section, (b) it gives a direction under subsection (2)(b) above in relation to the proceedings, or (c) a condition prescribed under subsection (3) above ceases to be satisfied in relation to the proceedings. (5) The Housing Executive must not bring proceedings for a benefit offence which does not relate to housing benefit otherwise than in accordance with this section. (6) In subsection (2) above, “relevant social security benefit” has the same meaning as in section 115CA below.

.

Housing Executive functions relating to benefit: information

44

• (1) Section 116C of the Administration Act (supply of information to the Housing Executive) is amended as follows—

• (a) in subsection (2) at the end add “ or for the purposes of anything the Housing Executive is permitted to do in relation to any other benefit by virtue of section 104A or 110A above ”;

• (b) in subsection (3)(a) for “offences relating to housing benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”.

• (2) Section 116D of that Act (supply of information by the Housing Executive) is amended as follows—

• (a) in subsection (1), for “benefit administration information” substitute “ relevant benefit information ”;

• (b) in subsection (2A), after “subsection (2)” insert “ , in addition to any other purpose for which the information may be used, ”;

• (c) for subsection (4) substitute—

(4) In subsection (1) above “relevant benefit information”, in relation to the Housing Executive or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the Housing Executive or other person.

;

• (d) in subsection (5), in each place where it occurs, for “housing benefit” substitute “ any relevant social security benefit ”;

• (e) in subsection (6), after the definition of “private pensions policy” insert—

“relevant social security benefit” has the same meaning as in section 115CA above;

.

• (3) In section 119A of that Act (power to require information from landlords and agents), in subsection (8) for “benefit administration information” substitute “ relevant benefit information ”.

Loss of benefit for commission of benefit offences

45

• (1) In section 6 of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17) (loss of benefit for commission of benefit offences) in subsection (1)(b) (period within which later offence must be committed), for “three years” substitute “ five years ”.

• (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.

PART 4 — MISCELLANEOUS

Benefits for bereaved persons

Widowed mother’s allowance

46

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”.

Widowed parent’s allowance

47

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”.

Disability living allowance: age conditions

Care component of disability living allowance: persons under the age of 16

48

• (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, and (b) 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, or (ii) 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, and (b) 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).

.

Mobility component of disability living allowance: persons under the age of 16

49

• (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, or (b) 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, and (b) 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.

.

Social fund

Matters to which regard must be had in awarding budgeting loans

50

In section 136(1A) of the Contributions and Benefits Act (principles for determining awards of budgeting loans)—

• (a) in paragraph (b) (duty to have regard to criteria specified in paragraphs (b) to (e) of subsection (1)), for “(b) to (e)” substitute “ (b), (d) and (e) ”, and

• (b) the words following paragraph (b) (which enable the Department to give directions about cases in which the applicant's personal circumstances would preclude the award of a budgeting loan) cease to have effect.

Allocations from Social Fund

51

• (1) Section 147 of the Administration Act (allocations from social fund) is amended as follows.

• (2) In subsection (1) (duty of Department to allocate amounts for payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act), after “Act” insert “ (in this section referred to as “section 134(1)(b) payments”) ”.

• (3) In subsection (3) (types of allocation that may be made)—

• (a) for paragraph (a) substitute—

(a) may be for all section 134(1)(b) payments or for any description of such payments;

;

• (b) in paragraph (b) (power to allocate different amounts for different purposes), for “different purposes” substitute “ payments of different descriptions ”; and

• (c) in paragraph (d) (additional allocations), omit the words from “to the same officer” to the end.

• (4) After subsection (3) insert—

(3A) Without prejudice to the generality of subsection (3)(a) above, descriptions of section 134(1)(b) payments may, in particular, be framed by reference to— (a) the purposes for which payments are made; (b) the persons by whom payments are made (including where such persons are located); (c) the persons to whom payments are made (including where such persons are located).

.

Compensation for pneumoconiosis etc.

“Relevant employer”

52

• (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.

“Dependant”

53

• (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).

.

Other

Power to stop payment of allowances to care home residents

54

• (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, and (c) 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, and (c) 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.

.

Medical examinations

55

• (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); 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 (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.

.

Minor and consequential amendments relating to Part 4

56

Schedule 7 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.

PART 5 — GENERAL

Interpretation

57

• (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”.

Repeals

58

The statutory provisions specified in Schedule 8 are hereby repealed to the extent specified.

Transition

59

• (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.

Commencement

60

• (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.

Short title

61

This Act may be cited as the Welfare Reform Act (Northern Ireland) 2007.

SCHEDULE 1

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—

• (za) universal credit,

• (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.

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) 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—two people who are married to, or civil partners of, each other and are members of the same household, ortwo 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

SCHEDULE 2

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.

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.

Income-related allowance: entitlement in case of absence from Northern Ireland

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.

Limited capability for work-related activity

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.

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.

Treatment of allowance as “benefit”

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.

Attribution of reductions in cases where allowance taken to consist of two elements

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.

Treatment of information supplied as information relating to social security

13

Information supplied in pursuance of regulations under any of sections 8 to 11K shall be taken for all purposes to be information relating to social security.

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

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 Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

3

• (1) The Contributions and Benefits Act is amended as follows.

• (2) In section 6A (notional payment of primary Class 1 contribution where earnings not less than lower earnings limit), in subsection (3) (purposes for which Class 1 contribution treated as paid), at the end add

; and (e) any purposes relating to employment and support allowance.

.

• (3) In section 22 (earnings factors)—

• (a) in subsection (2) (purposes for which a person may be treated as having annual earnings factors), in paragraph (a), after “jobseeker's allowance” insert “ , to a contributory employment and support allowance ”;

• (b) in subsection (5) (power to provide for crediting earnings or Class 2 contributions), after “jobseeker's allowance” insert “ , to a contributory employment and support allowance ”.

• (4) At the end of section 22 add—

(8) In this section, “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).

.

• (5) Sections 30A to 30E (incapacity benefit) cease to have effect.

• (6) In section 61A (contributions paid in error), in subsection (3), at the end of paragraph (c) insert “ and ”.

• (7) In section 88 (increases of benefit to be in respect of only one adult dependant), for “86A” substitute “ 85 ”.

• (8) In section 89(1) and (1A) (earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of adult dependants), for “to 86A” substitute “ to 85 ”.

• (9) In section 123 (income support), in subsection (1), after paragraph (g) add

; and (h) he is not entitled to an employment and support allowance and, if he is a member of a couple, the other member of the couple is not entitled to an income-related employment and support allowance.

.

• (10) At the end of section 123 add—

(7) In this section, “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).

.

• (11) In section 146 (interpretation of Part 10: Christmas bonus)—

• (a) in subsection (1) (definition of “qualifying benefit”), after paragraph (b) insert—

(ba) a qualifying employment and support allowance;

;

• (b) in subsection (2), after the definition of “the qualifying age for state pension credit” insert—

“qualifying employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 the calculation of the amount of which includes an addition in respect of the support component or the work-related activity component;

.

• (12) Sections 167A to 167G (incapacity for work) cease to have effect.

• (13) In paragraph 5 of Schedule 3 (contribution conditions for widowed mother's allowance etc.), after sub-paragraph (6) insert—

(6A) The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during— (a) the year in which he attained pensionable age or died under that age, or (b) the year immediately preceding that year. (6B) The reference in sub-paragraph (6A) above to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).

.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

4

• (1) The Administration Act is amended as follows.

• (2) In section 1 (entitlement to benefit dependent on claim), in subsection (4) (definition of “benefit”), after “state pension credit;” insert—

(ac) an employment and support allowance;

.

• (3) In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner) in subsection (2) (benefits to which section applies), at the end add

; and (f) an employment and support allowance.

.

• (4) In section 5 (regulations about claims for and payments of benefit), in subsection (2) (benefits to which section applies), after paragraph (ab) insert—

(ac) an employment and support allowance;

.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 69 (overpayments), in subsection (11) (benefits to which section applies), after paragraph (ab) insert—

(ac) an employment and support allowance;

.

• (7) In section 71 (overlapping benefits)—

• (a) in subsection (1), after “contribution-based jobseeker's allowance” insert “ or a contributory employment and support allowance ”;

• (b) in subsection (4), after paragraph (b) add

or (c) a contributory employment and support allowance,

.

• (8) In section 72 (income support and other payments)—

• (a) in subsections (1)(b) and (2)(b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;

• (b) in subsection (3)(b), for “or an income-based jobseeker's allowance”, in each place, substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.

• (9) In section 72A (payment of benefit where maintenance payments collected by Department), in subsection (7) (benefits to which section applies), after “an income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

• (10) In section 100 (failure to maintain)—

• (a) in subsection (1)(b), for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”;

• (b) in subsection (4), after “an income-based jobseeker's allowance” insert “ or an income-related employment and support allowance ”.

• (11) In section 115CA (interpretation of Part 6), in subsection (1) (definition of “the relevant social security legislation”), after paragraph (hh) insert—

(hi) Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “the Jobseekers (Northern Ireland) Order 1995” insert “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.

• (14) In section 116C (supply of information to the Housing Executive), in subsection (6)(b), after “the Jobseekers (Northern Ireland) Order 1995” insert “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.

• (15) In section 118 (regulations as to notification of death), in subsection (1), after “the State Pension Credit Act (Northern Ireland) 2002” insert “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.

• (16) In section 119 (personal representatives to give information about the estate of a deceased person who was in receipt of certain benefits), in subsection (1), after “state pension credit” insert “ , an income-related employment and support allowance ”.

• (17) In section 122 (duties of employers: statutory sick pay), in subsection (1) (power to require employer to supply information in connection with making of claim for certain benefits by employee), at the end add—

(f) an employment and support allowance.

.

• (18) In section 124 (power to require employers to provide information in connection with claims to certain benefits), in subsection (1), after paragraph (a) insert—

(aa) an employment and support allowance;

.

• (19) In section 139B (effect of alterations affecting state pension credit)—

• (a) before “or” at the end of subsection (1)(b)(iii) insert—

(iiia) in any component of a contributory employment and support allowance,

;

• (b) in subsection (6), in the definition of “component”, at the end add—

(c) in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of a contributory employment and support allowance;

.

• (20) After section 139B insert—

(139C) (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where— (a) an award of an employment and support allowance is in force in favour of any person (“the recipient”), and (b) an alteration— (i) in any component of the allowance, (ii) in the recipient's benefit income, or (iii) in the recipient's war disablement or war widow's or widower's pension, affects the computation of the amount of the employment and support allowance to which he is entitled. (2) Where, as a result of the alteration, the amount of the employment and support allowance to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of the employment and support allowance payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly. (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of an employment and support allowance as before, the award shall continue in force accordingly. (4) Subsection (5) below applies where a statement mentioned in section 159C(4) of the Great Britain Administration Act is made. (5) If, in a case where this subsection applies, an award of an employment and support allowance is made in favour of a person before the proposed commencing date (within the meaning of section 159C(4) of the Great Britain Administration Act) and after the date on which the statement is made, the award— (a) may provide for the employment and support allowance to be paid as from the proposed commencing date (within the meaning of that section) at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (iii) above which will be in force on that date, or (b) may be expressed in terms of the amounts of those items in force at the date of the award. (6) In this section— - “alteration” means— 1. in relation to any component of an employment and support allowance, its alteration by or under any enactment; 2. in relation to a person's benefit income, the alteration of any of the applicable sums by any enactment or an order under section 132 or 133 above to the extent that any such alteration affects the amount of his benefit income; 3. in relation to a person's war disablement pension or war widow's or widower's pension, its alteration by or under any enactment; - “applicable sums” has the same meaning as in section 139 above; - “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act; - “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient; - “component”, in relation to an employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of an employment and support allowance; - “war disablement pension” and “war widow's or widower's pension” have the same meaning as in section 139B above.

.

• (21) After section 140A insert—

(140B) (1) This section applies where— (a) an award of an employment and support allowance is in force in favour of a person (“the recipient”), and (b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”). (2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an employment and support allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Department; and the award shall have effect accordingly. (3) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to a benefit under the Contributions and Benefits Act. (4) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to an employment and support allowance, other than— (a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case, and (b) the question whether, in consequence, the amount of his employment and support allowance falls to be varied. (5) In this section, “component”, in relation to a recipient and his employment and support allowance, means any of the amounts determined in accordance with regulations made under section 2(1)(a) or 4(2)(a) of the Welfare Reform Act (Northern Ireland) 2007.

.

• (22) In section 144 (destination of repayments, etc.), in subsection (1), after “Article 38 of the Jobseekers (Northern Ireland) Order 1995” insert “ , section 27 of the Welfare Reform Act (Northern Ireland) 2007 ”.

• (23) In section 145 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (6)(a) after “state pension credit” insert “ , income-related employment and support allowance ”.

• (24) In section 149 (Social Security Advisory Committee), in subsection (5) in the definition of “the relevant enactments”, after paragraph (ai) insert—

(aia) the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

.

• (25) In section 155 (reciprocal agreements with countries outside the United Kingdom)—

• (a) in subsection (3)(a), after “the State Pension Credit Act (Northern Ireland) 2002” insert “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”;

• (b) in subsection (4), after paragraph (ac) insert

and (ad) to Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

;

• (c) in subsection (5), after paragraph (ab) insert—

(ac) employment and support allowance;

.

• (26) In section 156 (payment of travelling expenses by Department), after “the State Pension Credit Act (Northern Ireland) 2002”, in both places, insert “ , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.

• (27) In section 163 (certain benefits to be inalienable), in subsection (1), after paragraph (ab) insert—

(ac) an employment and support allowance;

.

• (28) In section 167(1) (general interpretation)—

• (a) in the definition of “benefit”, for “and state pension credit” substitute “ , state pension credit and an employment and support allowance ”;

• (b) after the definition of “the Contributions and Benefits Act” insert—

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

;

• (c) after the definition of “income-related benefit” 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);

.

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 Social Security (Northern Ireland) Order 1998 (NI 10)

10

• (1) The 1998 Order is amended as follows.

• (2) In Article 4 (use of computers), in paragraph (2) (meaning of “relevant statutory provision”), after sub-paragraph (i) add

; or (j) Part 1 of the Welfare Reform Act (Northern Ireland) 2007.

.

• (3) In Article 9 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant statutory provision, to be made by the Department)—

• (a) in paragraph (3) (meaning of “relevant benefit”), after paragraph (b) insert—

(ba) an employment and support allowance;

;

• (b) in paragraph (4) (definition of “relevant statutory provision”), for “or the State Pension Credit Act (Northern Ireland) 2002” substitute “ , the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007. ”.

• (4) In Article 12 (regulations with respect to decisions), in paragraph (3), in the definition of “the current legislation”, 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. ”.

• (5) In Article 27 (restrictions on entitlement to benefit in certain cases of error), in paragraph (7), in the definition of “benefit”—

• (a) after paragraph (dd) insert—

(de) an employment and support allowance;

;

• (b) in paragraph (e), for “to (dd)” substitute “ to (de) ”.

• (6) In Article 28 (correction of errors and setting aside of decisions), in paragraph (3) (definition of “relevant statutory provision”), at the end add

; or (g) Part 1 of the Welfare Reform Act (Northern Ireland) 2007.

.

• (7) In Article 31 (incapacity for work), after paragraph (1) insert—

(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act (Northern Ireland) 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.

.

• (8) In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end add

, or (iv) section 139C(1)(b) of that Act (employment and support allowance).

.

• (9) In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end add

; or (g) section 18 of the Welfare Reform Act (Northern Ireland) 2007.

.

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.

.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

14

• (1) The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.

• (2) In section 6 (loss of benefit for commission of benefit offences) after subsection (4A) insert—

(4B) The Department may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied— (a) the rate of the allowance were such reduced rate as may be prescribed; (b) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations; (c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 8 (effect of offence on benefits for members of offender's family), in subsection (1) (benefits to which section applies), after paragraph (bb) insert—

(bc) employment and support allowance;

.

• (5) In that section, after subsection (4A) insert—

(4B) In relation to cases in which the benefit is employment and support allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any income-related allowance shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied— (a) the rate of the allowance were such reduced rate as may be prescribed; (b) the allowance were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations; (c) the allowance were payable only if circumstances are otherwise such as may be prescribed.

.

• (6) In section 9 (power to supplement and mitigate loss of benefit provisions) in subsection (3) (definition of “social security benefit”), after paragraph (bb) insert—

(bc) any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or under Part 1 of the Welfare Reform Act 2007;

.

• (7) In section 10 (loss of benefit regulations), in subsection (3) (regulations subject to confirmatory procedure), in paragraph (c) after “(4A)”, in both places, insert “ , (4B) ”.

• (8) In section 12 (interpretation of sections 6 to 11), after the definitions by reference to the Jobseekers Order insert—

• “income-related allowance” has the same meaning as in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

.

SCHEDULE 4

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—