The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

(k) where— (i) the claimant has been awarded entitlement to housing benefit, (ii) the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations, and (iii) subsequent to the first day of the period to which that entitlement to housing benefit relates, the Department makes a decision to supersede the award of employment and support allowance to award a different component; (l) where the claimant has been awarded entitlement to housing benefit and subsequent to the first day of the period to which that entitlement relates— (i) a conversion decision of the kind set out in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations takes effect in respect of the claimant or the claimant’s partner, or (ii) the claimant is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 as modified by the Employment and Support Allowance (Existing Awards) Regulations.

• (4) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

• (a) in paragraph (13)[^f00109]—

• (i) after “regulation 7(2)(j)” insert “or (k)”, and

• (ii) in sub-paragraph (a) after “regulation 7(2)(j)(iii)” insert “or (k)(iii)”; and

• (b) after paragraph (13) add—

(14) Where a decision is superseded in accordance with regulation 7(2)(l) the decision shall take effect— (a) where the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect on or after 1st April in any year but before 16th April of that year— (i) from 1st April for a housing benefit award in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations; (ii) from the first Monday in April for a housing benefit award to which head (i) does not apply; (b) in any other case, from the day the decision made in accordance with the Employment and Support Allowance (Existing Awards) Regulations takes effect.

Signed

Sealed with the Official Seal of the Department for Social Development on 10th September 2010

Anne McCleary — A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 26 and Schedule 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th September 2010

Jack Layberry — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make transitional provision in relation to the introduction of employment and support allowance and apply to persons entitled to any existing award (which is defined in Schedule 4 to the Welfare Reform Act (Northern Ireland) 2007 in terms of incapacity benefit, severe disablement allowance and income support on the grounds of incapacity or disability). The Regulations set out the process for determining whether existing awards are to be converted into awards of an employment and support allowance. An award may be converted only if certain conditions are satisfied in relation to the person entitled to the award.

The Regulations also make related amendments to the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001.

Part 2 and Schedule 1 set out the process for determining whether or not a person’s existing award is to be converted into an award of an employment and support allowance. The conversion process operates on an individual basis and, in each case, begins when the Department sends a notice under regulation 4 to the person. Where the person is entitled to more than one existing award the notice and conversion process apply to both awards. Regulation 5 requires the Department to determine whether or not the existing award or awards qualify for conversion and to notify the person accordingly. There is also provision for notification to be given in the event that an existing award ceases to be subject to conversion. To facilitate this determination regulation 6 and Schedule 1 apply certain statutory provisions that already have effect in relation to persons who make a claim for an employment and support allowance. Schedule 1 makes modifications to these statutory provisions to take account of the different circumstances that arise because a person is already entitled to an existing award and is not required to make a claim. There is also provision to enable the Department to obtain information in order to make conversion decisions and to provide for conversion decisions to be revised before they come into effect.

Under regulation 7, a person’s existing award or awards qualify for conversion if the person satisfies the basic conditions for entitlement to an employment and support allowance, except for the condition that they are not entitled to income support. One of these basic conditions is that the person has limited capability for work. This will be determined on an individual basis in accordance with the arrangements for the limited capability for work assessment set out in the Employment and Support Allowance Regulations (Northern Ireland) 2008, as modified by Schedule 1 to these Regulations.

If an existing award or awards do qualify for conversion, the Department must determine in accordance with regulations 8 to 12 the amount to which the person is entitled. In broad terms, this is the aggregate of the amount to which the person would have been entitled on a successful claim for an employment and support allowance and the additional amount referred to in the Regulations as a “transitional addition”. The transitional addition is based on the difference between specified elements of the person’s existing award and specified elements of the employment and support allowance into which it is to be converted.

The date on which the Department’s decision about conversion comes into effect is provided for in regulation 13, and regulations 14 and 15 set out the consequences which follow from the decision. Where the decision is that a person’s award or awards do qualify for conversion, regulation 14 converts them into a single award of employment and support allowance. Where the decision is that a person’s existing award or awards do not qualify, regulation 15 provides that the award or awards terminate immediately before the effective date of the conversion decision.

Part 3 of, and Schedules 2 and 3 to, the Regulations set out the framework which has effect in relation to any person with effect from the effective date of their conversion decision made under Part 2 of the Regulations. In relation to any matter to be determined in connection with a person’s entitlement to an employment and support allowance (including a decision not to convert an award), regulation 16 and Schedules 2 and 3 apply certain statutory provisions that already have effect in relation to an award of employment and support allowance made following a claim. This includes provision for revision, supersession and appeals in connection with conversion decisions which have come into effect. There are modifications of these statutory provisions in Schedule 2. Regulation 17 makes provision about a change of circumstances occurring before the effective date of a conversion decision. Regulations 18 to 20 set out the circumstances in which the amount is to be reduced and regulation 21 provides for termination when the amount is reduced to nil, when the person ceases to be entitled to an employment and support allowance or 5th April 2020 (whichever occurs first).

Part 4 of the Regulations contains miscellaneous provisions, including provision in regulation 24 which omits the saving in regulation 2(2)(a), (b) and (c) of the Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008 that enables a person previously entitled to incapacity benefit, severe disablement allowance and income support on grounds of incapacity or disability to make a repeat (linked) claim for that benefit in certain circumstances, rather than a new claim for employment and support allowance. This provision comes into operation on 31st January 2011.

Regulation 25 omits regulation 31 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 which provides that a claimant who claims a jobseeker’s allowance and is able to show a reasonable prospect of obtaining employment is throughout that claim to be treated as not having limited capability for work. Regulation 25 also amends regulation 144 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 so that a person does not have to serve a period of waiting days in relation to a new claim for employment and support allowance if that person would have benefited from the saving omitted by regulation 24 if they had made a claim before 31st January 2011.

Regulation 26 and Schedule 4 provide for amendments to legislation relating to housing benefit which complement the conversion process. Part 1 of Schedule 4 makes amendments to the Housing Benefit Regulations (Northern Ireland) 2006, providing for a transitional addition to a claimant’s applicable amount where the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with these Regulations or is appealing a decision not to convert an award to an employment and support allowance. Part 2 of Schedule 4 amends the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to make provision for the supersession of awards of housing benefit to take account of conversion decisions.

Paragraphs 7 and 8 of Schedule 4 to the Welfare Reform Act (Northern Ireland) 2007, some of the enabling provisions under which these Regulations are made, were brought into operation on 9th September 2010, by virtue of the Welfare Reform (2007 Act) (Commencement No. 8) Order (Northern Ireland) 2010 (S.R.2010 No. 308 (C. 17)).

In so far as these Regulations are required, for the purposes of regulation 26 and Schedule 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

[^f00002]: S.I. 1998/1506 (N.I. 10); Article 74(3) is applied to Schedule 7 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) by paragraph 20(3) of that Schedule

[^f00003]: See Article 8(b) of S.R. 1999 No. 481

[^f00004]: 2000 c. 4 (N.I.)

[^f00005]: 2007 c. 2 (N.I.)

[^f00006]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

[^f00007]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00008]: S.R. 1987 No. 465

[^f00009]: S.R. 2008 No. 280

[^f00010]: S.I. 1995/3213 (N.I. 22); paragraph 1 was amended by paragraph 28 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 8 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 4 of Schedule 3 to the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))

[^f00011]: Regulation 34ZA was inserted by regulation 2 of S.R. 1992 No. 271 and amended by regulation 12(1) of S.R. 2003 No. 191 and regulation 2(2) of S.R. 2010 No. 129

[^f00012]: Regulation 34ZB was inserted by regulation 12(2) of S.R. 2009 No. 191 and amended by regulation 2(2) of S.R. 2010 No. 129

[^f00013]: Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by regulation 7(b) of S.R. 1988 No. 141, regulation 3(7) of S.R. 1988 No. 369, regulation 3 of S.R. 1992 No. 271, regulation 2(2) of S.R. 2001 No. 22 and regulation 2(9) of S.R. 2002 No. 297

[^f00014]: Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), section 2(2) and (4) of the Social Security (Overpayments) Act 1996 (c. 51), paragraph 62(1) and (3) of Schedule 6 to the Social Security (Northern Ireland) Order 1998, paragraph 10 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 8 of Schedule 4 to the Tax Credits Act 2002, paragraph 110 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), section 41(3) of, and paragraph 4(6) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007 and section 135(4) of the Health and Social Care Act 2008 (c. 14)

[^f00015]: Section 72 was amended by paragraph 11 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 4(8) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and regulation 2 of S.R. 2008 No. 413

[^f00016]: Section 74 was amended by paragraph 186 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Article 33(2) of, and paragraph 34 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 and paragraph 113 of Schedule 24 to the Civil Partnership Act 2004

[^f00017]: 2001 c. 9 (N.I.); section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)

[^f00018]: “Existing award” is defined in paragraph 11 of Schedule 4 to the Welfare Reform Act (Northern Ireland) 2007

[^f00019]: 1954 c. 33 (N.I.)

[^f00020]: S.R. 2009 No. 108

[^f00021]: S.I. 1998/1506 (N.I. 10)

[^f00022]: Regulation 32(1) and (1A) was substituted by regulation 2 of S.R. 2003 No. 224

[^f00023]: S.R. 1999 No. 162

[^f00027]: Sections 68 and 69 were repealed by Part IV of Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)). See Article 4 of S.R. 2000 No. 332 (C. 14) for savings provisions

[^f00028]: S.R. 1987 No. 459; regulation 17 was amended by regulation 2 of S.R. 1988 No. 193, regulation 4 of S.R. 1989 No. 395, regulation 9 of S.R. 1996 No. 199 and paragraph 4 of Schedule 1 to S.R. 2005 No. 458; regulation 18 was amended by regulation 5 of S.R. 1988 No. 274, regulation 5 of S.R. 1988 No. 318, regulation 5 of S.R. 1989 No. 249, regulation 10 of S.R. 1996 No. 199 and paragraph 4 of Part I of the Schedule to S.R. 2002 No. 132; Schedule 2 was amended by regulation 30 of S.R. 1988 No. 146, regulation 18 of S.R. 1988 No. 318, regulation 15 of S.R. 1988 No. 431, regulation 5 of S.R. 1989 No. 139, regulation 6 of S. R. 1989 No. 395, regulation 15 of S.R. 1990 No. 131, regulation 2 of S.R. 1990 No. 213, regulation 6 of S.R. 1990 No. 346, regulation 3(5) of S.R. 1990 No. 387, regulation 13 of S.R. 1991 No. 338, regulation 10(4) of S.R. 1992 No. 6, regulation 3 of S.R. 1993 No. 218, regulation 2(9) of S.R. 1994 No. 327, regulation 2(3) of S.R. 1994 No. 474, regulation 2(12) of S.R. 1995 No. 67, regulation 2(8) of S.R. 1995 No. 367, Schedule 2 to S.R. 1996 No. 199, regulation 2(6) of S.R. 1998 No. 2, regulation 8(3) of S.R. 1998 No. 324, regulation 4(2) of S.R. 2000 No. 74, regulation 2(c) of S.R. 2000 No. 367, regulation 3(4) of S.R. 2002 No. 80, regulation 2 of S.R. 2002 No. 322, paragraph 1 of the Schedule to S.R. 2002 No. 323, regulation 24(5) of S.R. 2003 No. 191, paragraph 20 of Schedule 1 to S.R. 2003 No. 195, regulation 2 of S.R. 2003 No. 413, regulation 2(3) of S.R. 2003 No. 417, regulation 4 of S.R. 2004 No. 213, regulation 3(3) of S.R. 2005 No. 580, regulation 5(6)(a) of S.R. 2006 No. 359, regulation 2(7) of S.R. 2007 No. 154, regulation 2(14) of S.R. 2008 No. 112, regulation 2(2) of S.R. 2010 No. 103 and Article 16(3) to (5) of, and Schedules 2 and 3 to, S.R. 2010 No. 118

[^f00029]: Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301 and amended by regulation 2(a) of S.R. 1995 No. 350, regulation 2(3) of S.R. 1995 No. 434, regulation 24 of S.R. 1996 No. 199, regulation 5(10) of S.R. 1996 No. 405, regulation 3 of S.R. 1997 No. 3, regulation 3 of S.R. 1997 No. 165, regulation 2 of S.R. 1997 No. 435, regulation 16 of S.R. 1997 No. 541, regulation 3(5) of S.R. 1998 No. 182, regulation 8(4) of S.R. 1998 No. 324, regulation 3 of S.R. 1999 No. 107, regulation 2(1) of S.R. 1999 No. 315, Article 7(2) and (11) of S.R. 1999 No. 472 (C. 36), regulation 3(5) of S.R. 2000 No. 241, regulation 3(3) of S.R. 2001 No. 29, regulation 6 of S.R. 2001 No. 78, regulation 12 of S.R. 2001 No. 151, regulation 2(1) of S.R. 2001 No. 406, regulation 5 of S.R. 2002 No. 128, regulation 24(6) of S.R. 2003 No. 191, regulation 3(4) of S.R. 2003 No. 261, regulation 4 of S.R. 2004 No. 394, regulation 2 of S.R. 2004 No. 461, regulation 2(7) of S.R. 2005 No. 424, paragraph 8 of Schedule 1 to S.R. 2005 No. 458, regulation 3(4) of S.R. 2005 No. 580, regulation 5(6)(b) and (7) of S.R. 2006 No. 359, paragraph 1(4) of Schedule 2 to S.R. 2006 No. 407, regulation 2 of S.R. 2006 No. 510, regulation 2(3) of S.R. 2007 No. 475, regulation 12(11) of S.R. 2008 No. 286, regulation 5(2) of S.R. 2008 No. 413, regulation 2(5)(e) and (8) of S.R. 2008 No. 428, regulation 2(2)(a) of S.R. 2008 No. 503, regulation 2(14) of S.R. 2009 No. 338, regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69 and Article 16(6) of, and Schedule 4 to, S.R. 2010 No. 118 and was modified by regulations 4 and 9 of S.R. 2008 No. 503

[^f00030]: Regulation 17(1)(b) and (c) and regulation 18(1)(c) and (d) were omitted by paragraphs 2(a) and 3(a) of Schedule 1 to S.R. 2003 No. 195 respectively subject to regulation 6(4) and (5) of those Regulations

[^f00031]: S.R. 2003 No. 195; regulation 1 was amended by regulation 2 of S.R. 2005 No. 393 and regulation 6 was amended by regulation 6 of SR. 2003 No. 338 and regulation 9 of S.R. 2004 No. 143

[^f00032]: Regulations 67(1) and 68(1) were amended by regulation 3(4) of S.R. 2010 No. 6

[^f00033]: S.R. 1975 No. 113; regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 2(2) of S.R. 2003 No. 151, regulation 7(6) of S.R. 2008 No. 286 and regulation 2(2) of S.R. 2010 No. 109

[^f00034]: S.I. 1997/1183 (N.I. 12)

[^f00035]: S.I. 1998/1506 (N.I. 10)

[^f00036]: The reference to regulation 67(2)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 is to that regulation as modified by paragraph 4(f)(ii) of Schedule 2 to these Regulations

[^f00037]: Increases in benefits in respect of children under section 80 were abolished by section 1(3)(e) of the Tax Credits Act 2002 (c. 21) and section 80 was repealed by Schedule 6 to that Act. See Article 2 of S.R. 2003 No. 212 for savings provisions

[^f00038]: Severe disablement allowance was abolished by section 62 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and section 90 was amended by paragraph 25 of Schedule 8 to that Order. See Article 4 of S.R. 2000 No. 332 (C. 14) for savings provisions. Increases in benefits in respect of children under section 90 were abolished by section 1(3)(e) of the Tax Credits Act 2002 and section 90 was amended by Schedule 6 to that Act. See Article 2 of S.R. 2003 No. 212 for savings provisions

[^f00039]: Section 86A was inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00040]: S.R. 1979 No. 242

[^f00041]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and modified by regulation 2 of S.I. 2003/735 and paragraph 68 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and sections 40 and 41 were substituted by paragraphs 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00042]: Section 68 was repealed by Part IV of Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999. See Article 4 of S.R. 2000 No. 332 (C. 14) for savings provisions

[^f00043]: S.R. 1987 No. 459; regulation 13(2) was amended by regulation 6(2) of S.R. 1991 No. 338, regulation 2(3) of S.R. 2006 No. 128 and regulation 2(4)(a) of S.R. 2008 No. 112, Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199, paragraph 10 was amended by the Schedule to S.R. 2000 No. 241, paragraph 12 was substituted by regulation 2(7) of S.R. 2000 No. 242 and regulation 13(2)(b) and (bb) and paragraphs 7(a) and (b), 10, 12 and 13 of Schedule 1B were revoked subject to savings by regulation 2 of S.R. 2009 No. 418

[^f00044]: S.R. 1987 No. 460

[^f00045]: S.R. 1995 No. 35

[^f00046]: S.R. 2008 No. 283; regulation 2 was amended by regulation 2 of S.R. 2008 No. 429

[^f00047]: Regulation 144 was amended by regulation 3(25) of S.R. 2008 No. 413

[^f00048]: Section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph (1) was substituted by paragraph 1(2) of the Schedule to S.R. 2006 No. 37

[^f00049]: S.R. 1994 No. 461; regulation 25 was inserted by regulation 2(5) of S.R. 2000 No. 404

[^f00050]: Regulation 18(1) and (2) was amended by regulation 3 of S.R. 2002 No. 86

[^f00051]: S.R. 2000 No. 332 (C. 14); Article 3 was amended by Article 3 of S.R. 2001 No. 114 (C. 4)

[^f00052]: Regulation 32 was amended by regulation 5(4) of S.R. 1995 No. 367, paragraph 2(8) of Schedule 2 to S.R. 2001 No. 175, regulation 11 of S.R. 2003 No. 191, regulation 2 of S.R. 2003 No. 224, regulation 2(7) of S.R. 2003 No. 317, regulation 4 of S.R. 2003 No. 421, regulation 2 of S.R. 2003 No. 527, regulation 3 of S.R. 2008 No. 262 and regulation 13(14) of S.R. 2008 No. 286

[^f00053]: Regulation 147A was inserted by regulation 9(15) of S.R. 2010 No. 200

[^f00054]: Section 44B was inserted by section 7(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))

[^f00055]: S.R. 2001 No. 440; regulation 5A was inserted by regulation 4(5) of S.R. 2010 No. 56 and the reference to regulation 5A(2)(ba) is to the modification made by paragraph 6 of this Schedule

[^f00056]: S.I. 1998/1506(N.I. 10); paragraph 8D was inserted by paragraph 12 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

[^f00057]: S.R. 1995 No. 41; regulation 17 was substituted by regulation 2(4) of S.R. 2006 No. 150 and paragraph (4) was amended by regulation 4 of S.R. 2009 No. 318 and regulation 6(4)(b) of S.R. 2010 No. 200

[^f00058]: The definition of “employment officer” was inserted by regulation 2(2)(a) of S.R. 2000 No. 365

[^f00060]: Regulation 26C was inserted by regulation 13(13) of S.R. 2008 No. 286

[^f00062]: Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67

[^f00063]: The definition of “applicable amount” was amended by regulation 2(26)(a)(i) of S.R. 1996 No. 354 and regulation 13(18)(a)(i) of S.R. 2008 No. 286

[^f00065]: Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22

[^f00066]: S.R. 2001 No. 440; regulation 5A was inserted by regulation 4(5) of S.R. 2010 No. 56

[^f00067]: S.R. 1975 No. 19

[^f00068]: S.I. 1975/493

[^f00069]: S.R. 1975 No. 101

[^f00070]: S.R. 1975 No. 108

[^f00071]: S.R. 1975 No. 113

[^f00072]: S.R. 1976 No. 175

[^f00073]: S.R. 1979 No. 242

[^f00074]: S.R. 1982 No. 263

[^f00075]: S.R. 1987 No. 30

[^f00076]: S.R. 1987 No. 459

[^f00077]: S.R. 1987 No. 465

[^f00078]: S.R. 1988 No. 21

[^f00079]: S.R. 1988 No. 142

[^f00080]: S.R. 1988 No. 368

[^f00081]: S.R. 1992 No. 340

[^f00082]: S.R. 1992 No. 341

[^f00083]: S.R. 1996 No. 198

[^f00084]: S.R. 1996 No. 202

[^f00085]: S.R. 1996 No. 541

[^f00086]: S.R. 1999 No. 162

[^f00087]: S.R. 2000 No. 71

[^f00088]: S.R. 2000 No. 91

[^f00089]: S.R. 2001 No. 17

[^f00090]: S.R. 2001 No. 18

[^f00091]: S.R. 2001 No. 20

[^f00092]: S.R. 2001 No. 102

[^f00093]: S.R. 2002 No. 79

[^f00094]: S.R. 2003 No. 28

[^f00095]: S.R. 2003 No. 405

[^f00096]: S.R. 2005 No. 324

[^f00097]: S.R. 2005 No. 383

[^f00098]: S.R. 2005 No. 506

[^f00099]: S.R. 2006 No. 405; relevant amending Rules are S.R. 2008 No. 378, S.R. 2009 No. 92 and S.R. 2010 No. 118

[^f00100]: The definitions of “contributory employment and support allowance” and “the Employment and Support Allowance Regulations” were inserted by regulation 3(2)(a)(iv) and (v) of S.R. 2008 No. 378

[^f00101]: Regulation 20(e) was added by regulation 3(7) of S.R. 2008 No. 378

[^f00102]: Regulation 21(f) was added by regulation 3(8) of S.R. 2008 No. 378

[^f00103]: Paragraph 1A was inserted by regulation 6(9)(a) of S.R. 2009 No. 92

[^f00104]: Paragraph 21 was added by regulation 3(17)(d) of S.R. 2008 No. 378

[^f00105]: Part VI was added by regulation 3(17)(d) of S.R. 2008 No. 378 and amended by Article 19(8) of S.R. 2010 No. 118

[^f00106]: S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 No. 418 and S.R. 2008 No.378

Editorial notes

[^key-e4eb676b9267925e3f5265e320e6305f]: Reg. 1 in operation at 1.10.2010, see reg. 1

[^key-6a526d81f17b9b17c39e34d4ef8e7a4d]: Reg. 2 in operation at 1.10.2010, see reg. 1

[^key-780ed5602582273167b4146516bbc7b2]: Reg. 3 in operation at 1.10.2010, see reg. 1

[^key-70e4206cf9a69eb839d96c7a6dadb0e1]: Reg. 4 in operation at 1.10.2010, see reg. 1

[^key-5b68c9276dd7d6d6cc884a958dfe1ae9]: Reg. 5 in operation at 1.10.2010, see reg. 1

[^key-3e118822ec8da37eda72b2777018f8b6]: Reg. 6 in operation at 1.10.2010, see reg. 1

[^key-205802e4b449802316ae105e7b09e794]: Reg. 7 in operation at 1.10.2010, see reg. 1

[^key-e23c9634f83eb400adb8583187d9d036]: Reg. 8 in operation at 1.10.2010, see reg. 1

[^key-19c2fee5a2d779342b357638d1d41db6]: Reg. 9 in operation at 1.10.2010, see reg. 1

[^key-3089f925bde34d530c85f409b0628555]: Reg. 10 in operation at 1.10.2010, see reg. 1

[^key-65de2eacd8bd8f18273f96403a41492c]: Reg. 11 in operation at 1.10.2010, see reg. 1

[^key-e0466b7e3dea6b6aa321d8b315759f7a]: Reg. 12 in operation at 1.10.2010, see reg. 1

[^key-0c2527c5c5bf2408747c6ebcf0d76d3c]: Reg. 13 in operation at 1.10.2010, see reg. 1

[^key-b0d680d68532a54154f62fd0b9bca273]: Reg. 14 in operation at 1.10.2010, see reg. 1

[^key-46b86bdd057f193c0318b8a7bd40b434]: Reg. 15 in operation at 1.10.2010, see reg. 1

[^key-88cff19aa37c15dc56047d5d3ea346f9]: Reg. 16 in operation at 1.10.2010, see reg. 1

[^key-e812d96ed841645f0b6f1fb8a8571f09]: Reg. 17 in operation at 1.10.2010, see reg. 1

[^key-e2e860a92ea3038de6fdae2e4cac056a]: Reg. 18 in operation at 1.10.2010, see reg. 1

[^key-fd33e6830aa5a3119962ed6a80e7180d]: Reg. 19 in operation at 1.10.2010, see reg. 1

[^key-94237ee56e8d0c7a5dec5c80d0fa102f]: Reg. 20 in operation at 1.10.2010, see reg. 1

[^key-b1a40af2fa910f9c3bff881413b8be8e]: Reg. 21 in operation at 1.10.2010, see reg. 1

[^key-34536d46e66ea7f183929fc503382d04]: Reg. 22 in operation at 1.10.2010, see reg. 1

[^key-50d02c9548cb4f68f0d3e5ef413cd214]: Reg. 23 in operation at 1.10.2010, see reg. 1

[^key-908d08648e7263ce79f601c3f170701d]: Reg. 25(1)(2) in operation at 1.10.2010, see reg. 1

[^key-66f99892bca8441f98f72f92e042b5dd]: Reg. 26 in operation at 1.10.2010, see reg. 1

[^key-3da2398b41a7ac55321d0cb28e38a902]: Sch. 1 para. 1 in operation at 1.10.2010, see reg. 1

[^key-a9a00364020733c7fffcde883d038405]: Sch. 1 para. 2 in operation at 1.10.2010, see reg. 1

[^key-36f6788eca7e168e4c10d38ac8a53391]: Sch. 1 para. 3 in operation at 1.10.2010, see reg. 1

[^key-3c0999cb1d98d9d73188a1e68617bede]: Sch. 2 para. 1 in operation at 1.10.2010, see reg. 1

[^key-583a6d585d2abeecd0d726b3a5a9a4da]: Sch. 2 para. 2 in operation at 1.10.2010, see reg. 1

[^key-47223afa1981967ed2c8a6e9e44357d1]: Sch. 2 para. 3 in operation at 1.10.2010, see reg. 1

[^key-bcc6b20a1fdf3e2856ff1d3f914f1082]: Sch. 2 para. 4 in operation at 1.10.2010, see reg. 1

[^key-c4d1b26defd54ccdbc2417ea4f88d254]: Sch. 2 para. 5 in operation at 1.10.2010, see reg. 1

[^key-b6b901c2dcebbbda8087a31762eda43c]: Sch. 2 para. 6 in operation at 1.10.2010, see reg. 1

[^key-a375ab8ebbd58744b3b94c3ce518e961]: Sch. 4 para. 1 in operation at 1.10.2010, see reg. 1

[^key-224c389b9d753039914136cf922dd856]: Sch. 4 para. 2 in operation at 1.10.2010, see reg. 1

[^key-860c96f35e4836ea71582b7131effe3e]: Sch. 3 in operation at 1.10.2010, see reg. 1

[^key-0b166be46d88a0ed81e3d6be9af69c55]: Sch. 2 para. 5A inserted with cross heading (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(14)(d)

[^key-be50c3284182263087084e48ee327b55]: Words in Sch. 3 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(15)

[^key-87e65d2e374345f91f018b19879402c7]: Words in reg. 3 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(2)

[^key-f53ea5d947c306e438c844b84a865e0c]: Words in reg. 7 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(3)(b)(i)

[^key-abe97f0af972669f26aa9ba270fda9d4]: Words in reg. 7 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(3)(b)(ii)

[^key-6233ac48ad11b432951990a9875cb151]: Words in reg. 7 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs., 1(2) 2(3(b)(iii)

[^key-d6100f7cb7a2573db096efc2b73f94e8]: Words in reg. 7 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(3)(b)(iv)

[^key-2dafbece84ad3eb3a30f3aa62be44cd2]: Reg. 7(1): reg. 7 renumbered as reg. 7(1) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(3)(a)

[^key-e549b64ba795a1b118f8a74d4e22bc3d]: Reg. 7(2) added (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(3)(c)

[^key-6258b67c6daae3c79f5f6d64fee3a0e3]: Reg. 8(1): reg. 8 renumbered as reg. 8(1) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(4)(a)

[^key-11923addcc7461ef6b4153e32621cae8]: Reg. 8(2) added (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(4)(b)

[^key-00882f7b815b68bef266da880b293d0e]: Reg. 10(6)(7) added (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(b)

[^key-eed23326ff90859f64bc7be4223e6649]: Reg. 10(5)(a) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(a)(i)

[^key-0ebc1dca06773e1afdd234d354f00246]: Words in reg. 10(5)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(5)(a)(ii)

[^key-585f5aefc402d25a7b4e2883b1fe5dc9]: Reg. 14(2A)(2B) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(6)(b)

[^key-200a0f7b373a16234a8a62291689c670]: Reg. 14(3)-(7) substituted for reg. 14(3)-(4) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(6)(c)

[^key-8c95fef5ead2774971afb04efba1a37f]: Words in reg. 14(1) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(6)(a)

[^key-cbf8573148fe4838cbdbe84fce9ae55d]: Reg. 15(2A)(2B) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(7)(b)

[^key-b0245b4be88fac8daab9e8fe45e88118]: Reg. 15(6)(7) substituted for reg. 15(6) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(7)(d)

[^key-fdf90244435b5fae79a8d2bf7b80da42]: Words in reg. 15(1) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(7)(a)

[^key-6184259e89cc41669986c324b4f177c4]: Words in reg. 15(3) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(7)(c)

[^key-ec6ed592e6030426029824e5291ad9f8]: Words in reg. 17 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(8)(a)

[^key-9c5271c0df5bf94843b1b3f2d668823b]: Reg. 17(a)(aa)(ab) substituted for reg. 17(a) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(8)(b)

[^key-b5552da5b5c63cfe0a94156b0bd43ce4]: Reg. 19(3) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(9)

[^key-5aa5ba4429714b839c3e76763a0fa93b]: Words in reg. 20(3) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(10)

[^key-26952f0183372ba88e157e2557c27098]: Reg. 21(3)-(7) substituted for reg. 21(3)-(6) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(c)

[^key-0e74aefbe81b123edc83aa01ddfad38c]: Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(a)(i)

[^key-d2c20f10cded7761af0c8ea5f5d42b0c]: Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(a)(ii)

[^key-4485d73323a685c64597181044a7738b]: Words in reg. 21(2) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(b)

[^key-6023cef2b8fd214049d7b86ff7d4b3cf]: Words in reg. 22(a) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(12)

[^key-02d15e207475e9871f02ec3acc6b99ff]: Sch. 1 para. 1(b)(i) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(13)(a)

[^key-71d7634891e963b2459360edc59449df]: Sch. 1 para. 2(ca) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(13)(b)

[^key-c94af5d5a6e0a15772c3d7e01b2d3a33]: Words in Sch. 1 para. 3(a) omitted (1.11.2010) by virtue of The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(13)(c)

[^key-89492a4908a46faa20c4aed6f70c6cfc]: Sch. 2 para. 1(e)(f) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(14)(b)

[^key-eae99dbdbf999116649ba9e19878afa0]: Sch. 2 para. 1(b)(i) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(14)(a)

[^key-8e360a16d9ba19000ae0a69299f32a29]: Words in Sch. 2 para. 4(i) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(14)(c)

[^key-9ab29df1294afdfca8e73c63bd85963f]: Reg. 24 in operation at 31.1.2011, see reg. 1

[^key-22ea36eb82bb0b257406dc1fdfbeb947]: Reg. 25(3) in operation at 31.1.2011, see reg. 1

[^key-1459690e177e36bf5ce409f4fc94a602]: Sch. 2 para. 7 and cross-heading added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(b)

[^key-5972e308878dccca11b86d455e420383]: Words in Sch. 3 inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(5)

[^key-00da8f81ad38ac2670698e1420694c57]: Words in reg. 6(1)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(2)

[^key-47120883e3b70b44101ce47a8a54643d]: Words in reg. 17(d) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(3)

[^key-169353de9ffa48a4fb4d694dc0907a2e]: Words in reg. 17(e) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(3)

[^key-e64333b004c8bf513f1ee3d3cc16d076]: Words in Sch. 2 para. 4(i) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(a)(i)(bb)

[^key-1927e03693412fd4c9bcbdec91ee7ed4]: Words in Sch. 2 para. 4(i) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(a)(ii)

[^key-8541f5c6350f70163affe014dc33b569]: Words in Sch. 2 para. 4(i) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(a)(iii)

[^key-ec83c540b9eea680e0434ac50e58402a]: Reg. 21(5)(c) substituted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012 (S.R. 2012/160), regs. 1, 3

[^key-14533e919cd2b8eee7a1ef09f62e31d9]: Reg. 16(1A) inserted (1.5.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), regs. 1(3), 19

[^key-56fec20fcafddeaf38dc5e0ac557d992]: Sch. 2 para. 4(d) substituted (30.3.2015) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/185), regs. 1(1), 5

[^key-124d9ff33e9243f421bc58731720d689]: Reg. 7(3) added (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(2)(b)

[^key-4704d9b8260f7fd58845ec3a9fa02848]: Words in reg. 7(1) substituted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(2)(a)

[^key-24eeced439f0d07f1d82999ddde6a1cf]: Reg. 21(3A) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(b)

[^key-6ec2295f2d7c6cb88eb900c7a90c5c2f]: Reg. 21(5A) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(c)

[^key-55d8f1e9c0ce19b5972a05c8e3e383b2]: Words in reg. 21(5)(c) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 5(b)

[^key-c925284229f9eb8d6ae8909bca7b9671]: Words in reg. 21(1)(b) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(a)

[^key-adc440804cb4416f7ade556cb3786db5]: Words in reg. 21(7) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(d)

[^key-06015681b6a623914eb111428828b9e1]: Words in reg. 21(5)(a) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 5(a)

[^key-1a2eef2adbec14f9a33a2a0cfd22dc2f]: Sch. 2 para. 1(ba) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(4)

[^key-ceb6d153478da23aabd44aed88e22661]: Word in reg. 21(1)(b) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(b)

[^key-0a3111ab8eebb3856ee049acc56cef80]: Word in reg. 21(1)(a) inserted (4.4.2020) by The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(a)

[^key-d030eed4a5e94a36a3248d40e14c2f7c]: Reg. 21(1)(c) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(c)

5A

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are to be read as if—

• (a) in regulation 1(2) (interpretation), after the definition of “the Employment and Support Allowance Regulations” there were inserted—

• “the Existing Awards Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;

• (b) in regulation 3 (revision of decisions)—

• (i) in paragraph (1)(a), in the case of a revision of a decision to award jobseeker’s allowance made following the reinstatement of an existing award in accordance with regulation 15(5) of the Existing Awards Regulations (conversion decision that existing award does not qualify for conversion), the words “within one month of the date of notification of the original decision” were omitted,

• (ii) in paragraph (9), in the case of a conversion decision where there has been a change of circumstances to which regulation 12(4) of the Existing Awards Regulations (regulations 10 and 11: supplementary) applies, sub-paragraph (a) were omitted, and

• (iii) in paragraph (9)(a) for “in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations” there were substituted “in the cases of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or a conversion decision within the meaning of regulation 5(2)(a) of the Existing Awards Regulations”;

• (c) in regulation 6(2)(a)(i) (supersession of decisions) for “in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or regulation 146 of the Employment and Support Allowance Regulations” there were substituted “in the cases of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or regulation 146 of the Employment and Support Allowance Regulations or a conversion decision within the meaning of regulation 5(2)(a) of the Existing Awards Regulations”.

Social Security (Habitual Residence) Amendment Regulation

7

Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations (Northern Ireland) 2004 (transitional arrangements and savings) is to be read as if—

• (a) in paragraph (1)—

• (i) sub-paragraphs (a), (b) and (d) were omitted; and

• (ii) for sub-paragraph (c) there were substituted—

(c) is entitled to an employment and support allowance by virtue of— (i) the Existing Awards Regulations, or (ii) regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) in the circumstances where the person has made and is pursuing an appeal against a conversion decision made under the Existing Awards Regulations which embodies a determination that the person does not have limited capability for work, and immediately before the effective date of the conversion decision made in respect of that person, was entitled to a specified benefit in respect of a period which was continuous with a period of entitlement to the same or another specified benefit which included 30th April 2004;

and

• (b) in paragraph (4), before sub-paragraph (a) there were inserted—

(za) “conversion decision” and “effective date” have the same meanings as in regulation 2(1) of the Employment and Support Allowance (Transitional Provisions, and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;