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The Employment and Support Allowance Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule

Publication 2008-07-01

Last updated 2026-02-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(a) placed with the claimant or the claimant’s partner by an authority under Article 27(2)(a) of the Children Order or by a voluntary organisation under Article 75(1)(a) of that Order;

(b) placed with the claimant or the claimant’s partner prior to adoption; or

(c) placed for adoption with the claimant or the claimant’s partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989[^f00146].

(6) Subject to paragraphs (7) and (8), paragraph (1) does not apply to a child or young person who is not living with the claimant and who—

(a) in a case which does not fall within sub-paragraph (b), has been continuously absent from Northern Ireland for a period of more than 4 weeks commencing—

(i) where that child or young person went abroad before the date of the claim for an employment and support allowance, on the date of that claim,

(ii) in any other case, on the day which immediately follows the day on which that child or young person went abroad;

(b) where regulation 153 (absence to receive medical treatment) applies, has been continuously absent from Northern Ireland for a period of more than 26 weeks, that period commencing––

(i) where that child or young person went abroad before the date of the claim for an employment and support allowance, on the date of that claim,

(ii) in any other case, on the day which immediately follows the day on which that child or young person went abroad;

(i) where that child or young person became an in-patient or, as the case may be, entered that accommodation, before the date of the claim for an employment and support allowance, with that date, or

(ii) in any other case, with the date on which that child or young person became an in-patient or entered that accommodation,

and, in either case, has not been in regular contact with either the claimant or any member of the claimant’s household;

(d) is being looked after by an authority under a relevant enactment;

(e) has been placed with a person other than the claimant prior to adoption;

(f) has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989; or

(g) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.

(7) Paragraph (6)(a)(i), (b)(i) and (c)(i) does not apply in a case where immediately before the date of claim for an employment and support allowance the claimant was entitled to an income-based jobseeker’s allowance or income support.

(8) A child or young person to whom any of the circumstances mentioned in paragraph (6)(d) or (g) applies is to be treated as being a member of the claimant’s household only for that part of any benefit week where that child or young person lives with the claimant.

(9) In this regulation—

“accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the Health and Personal Social Services Order in a home owned or managed by a Health and Social Services Board or a Health and Social Services trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;

“authority” has the meaning given by Article 2 of the Children Order;

“relevant enactment” means the Army Act 1955[^f00147], the Air Force Act 1955[^f00148], the Naval Discipline Act 1957[^f00149], the Children and Young Persons Act (Northern Ireland) 1968[^f00150], the Health and Personal Social Services Order, the Family Law Reform (Northern Ireland) Order 1977[^f00151], the Matrimonial Causes (Northern Ireland) Order 1978[^f00152], the Domestic Proceedings (Northern Ireland) Order 1980[^f00153], the Adoption (Northern Ireland) Order 1987[^f00154] and the Children Order.

(10) For the purposes of these Regulations a person is responsible for a child or young person if that child or young person usually lives with that person.

PART 12 — DISQUALIFICATION

Disqualification for misconduct, etc.

157

(1) Subject to paragraph (3), paragraph (2) applies where a claimant—

(a) has limited capability for work through the claimant’s own misconduct, except in a case where the limited capability is due to pregnancy or a sexually transmitted disease;

(b) fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or major surgery) recommended by a doctor with whom, or a hospital or similar institution with which, the claimant is undergoing medical treatment, which would be likely to remove the limitation on the claimant’s capability for work;

(d) is, without good cause, absent from the claimant’s place of residence without leaving word with the Department where the claimant may be found.

(2) A claimant referred to in paragraph (1) is to be disqualified for receiving an employment and support allowance for such period not exceeding 6 weeks as the Department may determine.

(3) Paragraph (2) does not apply where the claimant is—

(a) disqualified for receiving an employment and support allowance by virtue of regulations made under section 5B or 6 of the Social Security Fraud Act (Northern Ireland) 2001[^f00155] (loss of benefit for commission of benefit offences); or

(b) a person in hardship.

Meaning of “person in hardship”

158

(1) A claimant is a person in hardship if the claimant—

(a) has informed the Department of the circumstances on which the claimant relies to establish that fact; and

(b) falls within paragraph (2), (3) or (5).

(2) A claimant falls within this paragraph if—

(a) she is pregnant;

(b) a member of the claimant’s family is pregnant;

(d) the claimant is a member of a couple and both members are aged less than 18.

(3) Subject to paragraph (4), the claimant falls within this paragraph if the claimant or the claimant’s partner—

(a) is responsible for a child or young person who is a member of the claimant’s household;

(b) has been awarded armed forces independence payment, an attendance allowance , pension age disability payment , the care component, the daily living component or the daily living component of adult disability payment ;

(c) has claimed armed forces independence payment, attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , personal independence payment or adult disability payment and the claim has not been determined;

(d) devotes a considerable portion of each week to caring for another person who—

(i) has been awarded armed forces independence payment, an attendance allowance , pension age disability payment , the care component, the daily living component or the daily living component of adult disability payment , or

(ii) has claimed armed forces independence payment, attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance or personal independence payment or adult disability payment , child disability payment and the claim has not been determined; or

(e) has attained the qualifying age for state pension credit.

(4) A claimant to whom paragraph (3)(c) or (d)(ii) applies is a person in hardship only for 26 weeks from the date of the claim unless the claimant is a person in hardship under another provision of this regulation.

(5) The claimant falls within this paragraph where the Department is satisfied, having regard to all the circumstances and, in particular, the matters set out in paragraph (6), that unless an employment and support allowance is paid, the claimant, or a member of the claimant’s family, will suffer hardship.

(6) The matters referred to in paragraph (5) are—

(a) the resources which are likely to be available to the claimant and the claimant’s family and the length of time for which they might be available; and

(b) whether there is a substantial risk that essential items, including food, clothing and heating, will cease to be available to the claimant or a member of the claimant’s family, or will be available at considerably reduced levels and the length of time for which this might be so.

(7) In this regulation, “care component” means—

(a) the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Contributions and Benefits Act, ...

(b) the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the DACYP Regulations; or

(c) the care component of Scottish adult disability living allowance at the highest or middle rate provided for in regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.

Treating a claimant as not having limited capability for work

159

(1) Subject to paragraph (2), the claimant is to be treated as not having limited capability for work if the claimant is disqualified for receiving a contributory allowance during a period of imprisonment or detention in legal custody if that disqualification is for more than 6 weeks.

(2) Where the claimant is entitled to an amount under paragraph 3 of Schedule 5 (special cases: prisoners) during a period of imprisonment or detention in legal custody, the claimant is to be treated as not having limited capability for work from the day after the day on which entitlement ended.

Exceptions from disqualification for imprisonment

160

(1) Notwithstanding section 18(4)(b) of the Act, a claimant is not disqualified for receiving a contributory allowance for any period during which that claimant is undergoing imprisonment or detention in legal custody—

(a) in connection with a charge brought or intended to be brought against the claimant in criminal proceedings;

(b) pursuant to any sentence; or

made by a court in such proceedings, unless paragraph (2) applies.

(2) This paragraph applies where—

(a) a penalty is imposed on the claimant at the conclusion of the proceedings referred to in paragraph (1); or

(b) in the case of default of payment of a sum adjudged to be paid on conviction a penalty is imposed in respect of such default.

(3) Notwithstanding section 18(4)(b) of the Act, a claimant (“C”) is not to be disqualified for receiving a contributory allowance, for any period during which C is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which C is detained in a hospital or similar institution in Northern Ireland as a person suffering from mental disorder unless—

(a) C is detained under Article 53 of Mental Health Order (removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to C a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), C is being detained on or before the day which the Secretary of State certifies to be that release date.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this regulation—

(a) “court” means any court in the United Kingdom, the Channel Islands or the Isle of Man or in any place to which the Colonial Prisoners Removal Act 1884[^f00157] applies or any naval court-martial, army court-martial or air force court-martial within the meaning of the Courts-Martial (Appeals) Act 1968[^f00158] or the Courts-Martial Appeal Court;

(b) “hospital or similar institution” means any place (not being a prison, a young offenders centre, a juvenile justice centre or secure accommodation in a children’s home and not being at or in any such place) in which persons suffering from mental disorder are or may be received for care or treatment;

(c) “penalty” means a sentence of imprisonment or detention under Article 45(1) or (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00159];

(d) in relation to a person who is liable to be detained in Northern Ireland as a result of any order made under the Colonial Prisoners Removal Act 1884, references to a prison must be construed as including references to a prison within the meaning of that Act;

(e) criminal proceedings against any person must be deemed to be concluded upon that person being found insane in those proceedings so that the person cannot be tried or that person’s trial cannot proceed.

(6) Where a claimant outside Northern Ireland is undergoing imprisonment or detention in legal custody and, in similar circumstances in Northern Ireland, the claimant would, by virtue of this regulation, not have been disqualified for receiving a contributory allowance, the claimant is not disqualified for receiving that allowance by reason only of the imprisonment or detention.

Suspension of payment of a contributory allowance during imprisonment

161

(1) Subject to the following provisions of this regulation, the payment of a contributory allowance to any claimant—

(a) which is excepted from the operation of section 18(4)(b) of the Act by virtue of regulation 160 (1) , (3) or (6); or

(b) which is payable otherwise than in respect of a period during which the claimant is undergoing imprisonment or detention in legal custody,

is suspended while that claimant is undergoing imprisonment or detention in legal custody.

(2) A contributory allowance is not to be suspended while the claimant is liable to be detained in a hospital or similar institution, as defined in regulation 160(5), during a period for which in the claimant’s case, the allowance is or would be excepted from the operation of section 18(4)(b) of the Act by virtue of regulation 160(3).

(3) Where, by virtue of this regulation, payment of a contributory allowance is suspended for any period, the period of suspension is not to be taken into account in calculating any period under regulation 37 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00160] (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period).

PART 13 — URGENT CASES

Urgent cases

162

(1) In a case to which this regulation applies a claimant’s weekly applicable amount and that claimant’s income and capital are to be calculated in accordance with the provisions of this Part.

(2) Subject to paragraph (3), this regulation applies to a claimant who is treated as possessing income under regulation 107(1) (notional income – income due to be paid or income paid to or in respect of a third party).

(3) This regulation is only to apply to a claimant to whom paragraph (2) applies, where the income that claimant is treated as possessing by virtue of regulation 107(1) is not readily available to that claimant, and—

(a) the amount of an income-related allowance which would be payable but for this Part is less than the amount of an income-related allowance payable by virtue of the provisions of this Part; and

(b) the Department is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or the claimant’s family will suffer hardship.

Applicable amounts in urgent cases

163

For the purposes of calculating any entitlement to an income-related allowance under this Part—

(a) except in a case to which paragraph (b) or (c) applies, a claimant’s weekly applicable amount is to be the aggregate of—

(i) 90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

(ii) the amount, if applicable, specified in Part 3 of Schedule 4 (premiums),

(iii) the amount, if applicable, specified in Part 4 of Schedule 4 (components), and

(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs);

(b) in the case of a claimant to whom any paragraph of Schedule 5 (special cases) applies, the applicable amount is to be the aggregate of—

(i) 90 per cent. of the amount applicable in respect of the claimant and partner.

(ii) the amount, if applicable, specified in Part 3 of Schedule 4 (premiums),

(iii) the amount, if applicable, specified in Part 4 of Schedule 4 (components), and

(iv) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs); or

(c) in the case of a claimant to whom regulation 162(2) applies, where that claimant is appealing to an appeal tribunal constituted under Chapter 1 of Part 2 of the 1998 Order, against a decision which embodies a determination that the claimant does not have limited capability for work, the applicable amount is to be the aggregate of—

(i) 90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

(ii) the amount, if applicable, specified in Part 3 of Schedule 4 (premiums), and

(iii) any amounts applicable under regulation 67(1)(c) or, as the case may be, 68(1)(d) (housing costs).

Assessment of income and capital in urgent cases

164

(1) The claimant’s income is to be calculated in accordance with Part 10 subject to the following modifications—

(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Fund (2006), or

(ii) income to which paragraph 9 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of an income-related allowance under regulation 162 or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases)), 34, 40(2), (3) or (4), 41, 61 or 62 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies,

possessed or treated as possessed by the claimant, is to be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) any income to which regulation 118 (calculation of tariff income from capital) applies is to be disregarded;

(c) income treated as capital by virtue of regulation 112(1), (2), (3) and (7) (income treated as capital) is to be taken into account as income;

(d) in a case to which regulation 162(2) (urgent cases) applies, any income to which regulation 107(1) applies is to be disregarded.

(2) The claimant’s capital calculated in accordance with Part 10, but including any capital referred to in—

(a) paragraph 3;

(b) paragraph 10 (to the extent that such assets as are referred to in that paragraph consist of liquid assets);

(c) paragraph 11 (except to the extent that the arrears referred to in that paragraph consist of arrears of housing benefit payable under Part 7 of the Contributions and Benefits Act or any arrears of benefit due under regulation 162, or regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases)); and

(d) paragraphs 13(b), 24 and 32,

of Schedule 9 (capital to be disregarded), is to be taken into account in full and the amount of an income-related allowance which would, but for this paragraph be payable under this regulation, is to be payable only to the extent that it exceeds the amount of that capital.

PART 14 — PERIODS OF LESS THAN A WEEK

Entitlement for less than a week – amount of an employment and support allowance payable

165

(1) This regulation applies where the claimant is entitled to an employment and support allowance for a part-week and is subject to the following provisions of this Part.

(2) The amount payable by way of an income-related allowance in respect of that part-week is to be calculated by applying the formula—

(a) where the claimant has no income—

$(N x A)7$

(b) where the claimant has an income—

$$N x (A−I)7−B$where—Athe claimant’s weekly applicable amount in the relevant week;Bthe amount of any employment and support allowance, jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to the claimant or the claimant’s partner in respect of any day in the part-week;Ithe claimant’s weekly income in the relevant week;Nthe number of days in the part-week.$

(3) The amount payable by way of a contributory allowance in respect of a part-week is to be calculated by applying the formula—

$$(N x X)−Y7$where—Xthe amount calculated in accordance with section 2(1) of the Act;Ythe amount of any widow’s benefit, widowed parent’s allowance, bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) , training allowance, carer’s allowance , carer support payment and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (unemployability supplement) payable in respect of any day in the part-week;Nthe number of days in the part-week.$

(4) In this Part—

“part-week” means an entitlement to an employment and support allowance in respect of any period of less than a week;

“relevant week” means the period of 7 days determined in accordance with regulation 166.

Relevant week

166

(1) Where a part-week—

(a) is the whole period for which an employment and support allowance is payable, or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or

(b) occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part-week.

(2) Where a claimant has an award of an employment and support allowance and that claimant’s benefit week changes, for the purpose of calculating the amounts of an employment and support allowance payable for the part-week beginning on the day after the last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

Modification in the calculation of income

167

For the purposes of regulation 165 (entitlement for less than a week – amount of an employment and support allowance payable), a claimant’s income and, in determining the amount payable by way of an income-related allowance, the income of any person which the claimant is treated as possessing under regulations made under section 17(3) of the Act, regulation 68 (polygamous marriages) or regulation 83 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), is to be calculated in accordance with Parts 10 (income and capital) and 13 (urgent cases) subject to the following modifications—

(a) any income which is due to be paid in the relevant week is to be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-related allowance, any jobseeker’s allowance, employment and support allowance, income support , universal credit , maternity allowance, incapacity benefit or severe disablement allowance payable in the relevant week but not in respect of any day in the part-week is to be disregarded;

(d) in determining the amount payable by way of a contributory allowance, any widow’s benefit, training allowance, widowed parent’s allowance, bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 , carer’s allowance , carer support payment and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (unemployability supplement) which is payable in the relevant week but not in respect of any day in the part-week is to be disregarded;

(e) where the part-week occurs at the end of the claim—

(i) any income, or

(ii) any change in the amount of income of the same kind,

which is first payable within the relevant week but not on any day in the part-week is to be disregarded;

(f) where only part of the weekly balance of income is taken into account in the relevant week, the balance is to be disregarded.

Reduction in certain cases

168

(1) Where a disqualification is to be made in accordance with regulation 157 in respect of a part-week, the amount referred to in paragraph (2) is to be payable by way of an employment and support allowance in respect of that part-week.

(2) The amount mentioned in paragraph (1) is—

(a) one seventh of the employment and support allowance which would have been paid for the part-week if—

(i) there was no disqualification under regulation 157, and

(ii) it was not a part-week; multiplied by

(b) the number of days in the part-week in respect of which no disqualification is to be made in accordance with regulation 157.

Payment of a contributory allowance for days of certain regular treatment

169

(1) Where a claimant is entitled to a contributory allowance as a result of being treated as having limited capability for work in accordance with regulation 26 (claimants receiving certain regular treatment), the amount payable is to be equal to one seventh of the amount of the contributory allowance which would be payable in respect of a week in accordance with section 2(1) of the Act multiplied by N.

(2) In paragraph (1), N is the number of days in that week on which the claimant was receiving treatment referred to in regulation 26 or recovering from that treatment, but does not include any day during which the claimant does work.

SCHEDULE 1 — Her Majesty’s forces

PART 1 — PRESCRIBED ESTABLISHMENTS AND ORGANISATIONS

1

Any of the regular naval, military or air forces of the Crown.

2

Royal Fleet Reserve.

3

Royal Navy Reserve.

4

Royal Marines Reserve.

5

Army Reserve.

6

Territorial Army.

7

Royal Air Force Reserve.

8

Royal Auxiliary Air Force.

9

The Royal Irish Regiment, to the extent that its members are not members of any force falling within paragraph 1.

PART 2 — ESTABLISHMENTS AND ORGANISATIONS OF WHICH HER MAJESTY’S FORCES DO NOT CONSIST

10

Her Majesty’s forces are not to be taken to consist of any of the establishments or organisations specified in Part 1 by virtue only of the employment in such establishment or organisation of the following persons—

(a) any person who is serving as a member of any naval force of Her Majesty’s forces and who (not having been an insured person under the National Insurance Act (Northern Ireland) 1966[^f00161] and not having been a contributor under the Social Security (Northern Ireland) Act 1975[^f00162] or not being a contributor under the Contributions and Benefits Act) locally entered that force at an overseas base;

(b) any person who is serving as a member of any military force of Her Majesty’s forces and who entered that force, or was recruited for that force outside the United Kingdom, and the depot of whose unit is situated outside the United Kingdom;

(c) any person who is serving as a member of any air force of Her Majesty’s forces and who entered that force, or was recruited for that force, outside the United Kingdom, and is liable under the terms of engagement to serve only in a specified part of the world outside the United Kingdom.

SCHEDULE 2 — Assessment of whether a claimant has limited capability for work

PART1 — PHYSICAL DISABILITIES

PART2 — MENTAL, COGNITIVE AND INTELLECTUAL FUNCTION ASSESSMENT

SCHEDULE 4 — Amounts

PART 1 — PRESCRIBED AMOUNTS

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) are the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages).

(1)	(2)
Person or Couple	Amount
1Single claimant—	1
awho satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act;	a£60∙50;
baged not less than 25;	b£60∙50;
caged less than 25.	c£47∙95;
2Lone parent—	2
awho satisfies the conditions set out in section 4(4) or (5) of the Act;	a£60∙50;
baged not less than 18;	b£60∙50;
caged less than 18.	c£47∙95;
3Couple—	3
awhere both members are aged not less than 18;	a£94∙95;
bwhere one member is aged not less than 18 and the other member is a person under 18 who—ihad they not been members of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it,iihad they not been members of a couple, would satisfy the requirements for entitlement to an income-related allowance,iiisatisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18); orivis the subject of a direction under Article 18 of that Order (persons under 18: severe hardship);	b£94∙95;
cwhere the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and—iat least one of them is treated as responsible for a child,iihad they not been members of a couple, each would have qualified for an income-related allowance,iiihad they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it,ivthe claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, orvthere is in force in respect of the claimant’s partner a direction under Article 18 of that Order;	c£94∙95;
dwhere both members are aged less than 18 and—iat least one of them is treated as responsible for a child,iihad they not been members of a couple, each would have qualified for an income-related allowance,iiihad they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it,ivthe claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, orvthere is in force in respect of the claimant’s partner a direction under Article 18 of that Order;	d£72∙35;
ewhere the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who—iwould not qualify for an income-related allowance if the person were not a member of a couple,iiwould not qualify for income support if the person were not a member of a couple,iiidoes not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, andivis not the subject of a direction under Article 18 of that Order;	e£60.50;
fwhere the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who—iwould not qualify for an income-related allowance if the person were not a member of a couple,iiwould not qualify for income support if the person was not a member of a couple,iiidoes not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, andivis not the subject of a direction under Article 18 of that Order;	f£60∙50;
gwhere the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and head (c) does not apply;	g£60∙50;
h where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who—iwould not qualify for an income-related allowance if the person were not a member of a couple,iiwould not qualify for income support if the person were not a member of a couple,iiidoes not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, andivis not the subject of a direction under Article 18 of that Order;	h£47∙95;
iwhere both members are aged less than 18 and head (d) does not apply.	i£47∙95.

PART 2 — PREMIUMS

2

Except as provided in paragraph 4, the weekly premiums specified in Part 3 of this Schedule are, for the purposes of regulations 67(1)(b) and 68(1)(c), to be applicable to a claimant who satisfies the condition specified in paragraphs 5 to 8 in respect of that premium.

3

An enhanced disability premium in respect of a person is not applicable in addition to a pensioner premium.

4

(1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[^f00163] applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; ...

(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act[^f00164] or section 1(1) of the Employment and Training Act[^f00165] or for any period during which the person is in receipt of a training allowance and

(c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.

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(1)		(2)	(2)	(3)
Activity		Descriptors	Descriptors	Points
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.	(a)	Cannot unaided by another person either—	Cannot unaided by another person either—	15
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(i)	mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(ii)	repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.	(b)	Cannot unaided by another person mount or descend two steps ... even with the support of a handrail.	Cannot unaided by another person mount or descend two steps ... even with the support of a handrail.	9
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.	(c)	Cannot unaided by another personeither—	Cannot unaided by another personeither—	9
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(i)	mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(ii)	repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.	(d)	Cannot unaided by another person either—	Cannot unaided by another person either—	6
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(i)	mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.		(ii)	repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.	(e)	None of the above apply.	None of the above apply.	0
2. Standing and sitting.	(a)	Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.	Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.	15
2. Standing and sitting.	(b)	Cannot, for the majority of the time, remain at a work station, either—	Cannot, for the majority of the time, remain at a work station, either—	9
2. Standing and sitting.		(i)	standing unassisted by another person (even if free to move around), or
2. Standing and sitting.		(ii)	sitting (even in an adjustable chair) ; or a combination of (i) and (ii), ,
2. Standing and sitting.		for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.	for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.
2. Standing and sitting.	(c)	Cannot, for the majority of the time, remain at a work station, either—	Cannot, for the majority of the time, remain at a work station, either—	6
2. Standing and sitting.		(i)	standing unassisted by another person (even if free to move around), or
2. Standing and sitting.		(ii)	sitting (even in an adjustable chair) ; or a combination of (i) and (ii), ,
2. Standing and sitting.		for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.	for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.
2. Standing and sitting.	(d)	None of the above apply.	None of the above apply.	0
3. Reaching.	(a)	Cannot raise either arm as if to put something in the top pocket of a coat or jacket.	Cannot raise either arm as if to put something in the top pocket of a coat or jacket.	15
3. Reaching.	(b)	Cannot raise either arm to top of head as if to put on a hat.	Cannot raise either arm to top of head as if to put on a hat.	9
3. Reaching.	(c)	Cannot raise either arm above head height as if to reach for something.	Cannot raise either arm above head height as if to reach for something.	6
3. Reaching.	(d)	None of the above apply.	None of the above apply.	0
4. Picking up and moving or transferring by the use of the upper body and arms.	(a)	Cannot pick up and move a 0.5 litre carton full of liquid.	Cannot pick up and move a 0.5 litre carton full of liquid.	15
4. Picking up and moving or transferring by the use of the upper body and arms.	(b)	Cannot pick up and move a one litre carton full of liquid.	Cannot pick up and move a one litre carton full of liquid.	9
4. Picking up and moving or transferring by the use of the upper body and arms.	(c)	Cannot transfer a light but bulky object such as an empty cardboard box.	Cannot transfer a light but bulky object such as an empty cardboard box.	6
4. Picking up and moving or transferring by the use of the upper body and arms.	(d)	None of the above apply.	None of the above apply.	0
5. Manual dexterity.	(a)	cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.	cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.	15
5. Manual dexterity.	(b)	Cannot pick up a £1 coin or equivalent with either hand.	Cannot pick up a £1 coin or equivalent with either hand.	15
5. Manual dexterity.	(c)	Cannot use a pen or pencil to make a meaningful mark with either hand .	Cannot use a pen or pencil to make a meaningful mark with either hand .	9
5. Manual dexterity.	(d)	Cannot single-handedly use a suitable keyboard or mouse.	Cannot single-handedly use a suitable keyboard or mouse.	9
5. Manual dexterity.	(e)	None of the above applies .	None of the above applies .	0
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.	(a)	Cannot convey a simple message, such as the presence of a hazard.	Cannot convey a simple message, such as the presence of a hazard.	15
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.	(b)	Has significant difficulty conveying a simple message to strangers.	Has significant difficulty conveying a simple message to strangers.	15
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.	(c)	Has some difficulty conveying a simple message to strangers.	Has some difficulty conveying a simple message to strangers.	6
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.	(d)	None of the above apply.	None of the above apply.	0
7. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, (b) verbal means (such as hearing or lip reading) alone, (c) a combination of (a) and (b), using any aid that is normally, or could reasonably be, used, unaided by another person.	(a)	Cannot understand a simple message , such as the location of a fire escape, due to sensory impairment, ...	Cannot understand a simple message , such as the location of a fire escape, due to sensory impairment, ...	15
7. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, (b) verbal means (such as hearing or lip reading) alone, (c) a combination of (a) and (b), using any aid that is normally, or could reasonably be, used, unaided by another person.	(b)	Has significant difficulty understanding a simple message from a stranger due to sensory impairment.	Has significant difficulty understanding a simple message from a stranger due to sensory impairment.	15
7. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, (b) verbal means (such as hearing or lip reading) alone, (c) a combination of (a) and (b), using any aid that is normally, or could reasonably be, used, unaided by another person.	(c)	Has some difficulty understanding a simple message from a stranger due to sensory impairment.	Has some difficulty understanding a simple message from a stranger due to sensory impairment.	6
7. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, (b) verbal means (such as hearing or lip reading) alone, (c) a combination of (a) and (b), using any aid that is normally, or could reasonably be, used, unaided by another person.	(d)	None of the above applies .	None of the above applies .	0
8. Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.	(a)	Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.	Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.	15
8. Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.	(b)	Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.	Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.	15
8. Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.	(c)	Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.	Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.	9
8. Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.	(d)	None of the above apply.	None of the above apply.	0
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.	(a)	At least once a month experiences—	At least once a month experiences—	15
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.		(i)	loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, or
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.		(ii)	substantial leakage of the contents of a collecting device,
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.		sufficient to require cleaning and a change in clothing.	sufficient to require cleaning and a change in clothing.
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.	(b)	At risk The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.	At risk The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.	6
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.	(c)	Neither of the above applies .	Neither of the above applies .	0
10. Consciousness during waking moments.	(a)	At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	15
10. Consciousness during waking moments.	(b)	At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	6
10. Consciousness during waking moments.	(c)	None of the above applies .	None of the above applies .	0

(1)		(2)	(2)	(3)
Activity		Descriptors	Descriptors	Points
11. Learning tasks.	(a)	Cannot learn how to complete a simple task, such as setting an alarm clock.	Cannot learn how to complete a simple task, such as setting an alarm clock.	15
11. Learning tasks.	(b)	Cannot learn anything beyond a simple task, such as setting an alarm clock.	Cannot learn anything beyond a simple task, such as setting an alarm clock.	9
11. Learning tasks.	(c)	Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes.	Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes.	6
11. Learning tasks.	(d)	None of the above apply.	None of the above apply.	0
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(a)	Reduced awareness of everyday hazards leads to a significant risk of—	Reduced awareness of everyday hazards leads to a significant risk of—	15
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(i)	injury to self or others, or
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(ii)	damage to property or possessions,
12. Awareness of everyday hazards (such as boiling water or sharp objects).		such that the claimant requires supervision for the majority of the time to maintain safety.	such that the claimant requires supervision for the majority of the time to maintain safety.
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(b)	Reduced awareness of everyday hazards leads to a significant risk of—	Reduced awareness of everyday hazards leads to a significant risk of—	9
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(i)	injury to self or others, or
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(ii)	damage to property or possessions,
12. Awareness of everyday hazards (such as boiling water or sharp objects).		such that the claimant frequently requires supervision to maintain safety.	such that the claimant frequently requires supervision to maintain safety.
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(c)	Reduced awareness of everyday hazards leads to a significant risk of—	Reduced awareness of everyday hazards leads to a significant risk of—	6
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(i)	injury to self or others, or
12. Awareness of everyday hazards (such as boiling water or sharp objects).		(ii)	damage to property or possessions,
12. Awareness of everyday hazards (such as boiling water or sharp objects).		such that the claimant occasionally requires supervision to maintain safety.	such that the claimant occasionally requires supervision to maintain safety.
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(d)	None of the above apply.	None of the above apply.	0
13. Initiating and completing persona action (which means planning, organisation, problem solving, prioritising or switching tasks).	(a)	Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.	Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.	15
13. Initiating and completing persona action (which means planning, organisation, problem solving, prioritising or switching tasks).	(b)	Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions for the majority of the time.	Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions for the majority of the time.	9
13. Initiating and completing persona action (which means planning, organisation, problem solving, prioritising or switching tasks).	(c)	Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.	Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.	6
13. Initiating and completing persona action (which means planning, organisation, problem solving, prioritising or switching tasks).	(d)	None of the above applies .	None of the above applies .	0
14. Coping with change.	(a)	Cannot cope with any change to the extent that day to day life cannot be managed.	Cannot cope with any change to the extent that day to day life cannot be managed.	15
14. Coping with change.	(b)	Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult.	Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult.	9
14. Coping with change.	(c)	Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult.	Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult.	6
14. Coping with change.	(d)	None of the above apply.	None of the above apply.	0
15. Getting about.	(a)	Cannot get to any place outside the claimant's home with which the claimant is familiar.	Cannot get to any place outside the claimant's home with which the claimant is familiar.	15
15. Getting about.	(b)	Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.	Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.	9
15. Getting about.	(c)	Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.	Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.	6
15. Getting about.	(d)	None of the above apply.	None of the above apply.	0
16. Coping with social engagement due to cognitive impairment or mental disorder.	(a)	Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant .	Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant .	15
16. Coping with social engagement due to cognitive impairment or mental disorder.	(b)	Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant.	Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant.	9
16. Coping with social engagement due to cognitive impairment or mental disorder.	(c)	Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant.	Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant.	6
16. Coping with social engagement due to cognitive impairment or mental disorder.	(d)	None of the above applies .	None of the above applies .	0
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(a)	Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	15
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(b)	Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	15
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(c)	Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	9
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(d)	None of the above apply.	None of the above apply.	0