The Employment and Support Allowance Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule
Publication 2016-05-03
Last updated 2025-07-19
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
PDF Download
articles Not indexed
Reform history JSON API
39

S.R. 1975 No. 113; regulation 9D was inserted by regulation 2 of S.R. 2001 No. 88

40

Regulation 9E was inserted by regulation 2(3) of S.R. 2010 No. 109

43

Section 35(1) was substituted by Article 50(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 2(a) of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)) and Article 68(2) of the Welfare Reform (Northern Ireland) Order 2015. Section 35B(1) was inserted by regulation 2(5) of S.R. 2014 No. 102 and amended by paragraph 16 of Schedule 1 to the National Insurance Contributions Act 2015 (c. 5)

45

1967 c. 36: section 15(1) was amended by paragraph 75(c) of Schedule 16 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) and Article 32(1) and (2)(c) of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

49

Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) and section 1(1) and (2) of the Health and Personal Social Services Act (Northern Ireland) 2002 (c.9 (N.I.))

50

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

51

Article 11 was amended by paragraph 17 of Schedule 6 and Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

52

Sections 11B to 11I were inserted by Article 63 of the Welfare Reform (Northern Ireland) Order 2015

53

Section 11J was inserted by Article 63 of the Welfare Reform (Northern Ireland) Order 2015

54

Section 1(3)(aa) was inserted by Article 60(2) of the Welfare Reform (Northern Ireland) Order 2015

55

Section 70 was amended by regulation 2(3)(c) of S.R. 1994 No. 370, regulation 2(2) and 3(2) of S.R. 2002 No.321, regulation 2(3) of S.R. 2011 No. 356 and Article 2(2) of S.I. 2013 No. 3233

56

Sections 11to 11G were inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015

57

2002 c. 17 Section 25(3) was amended by paragraph 17 of Schedule 10 to the Health and Social Care Act 2008 (c. 14) and paragraph 56 of Schedule 15 to the Health and Social Care Act 2012 (c. 7) and S.I. 2010/231

58

Article 8K was inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015

59

2001 c.17. Section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14), section 49 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, paragraph 11 of Schedule 2, paragraph 2 of Schedule 4 and Schedule 7 to the Welfare Reform Act (Northern Ireland) 2010, Articles 115(8)(a), 117 and 118 of, and paragraph 47 of Schedule 2, paragraph 13 of Schedule 3 and Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015

60

S.I. 2015/621, relevant amending instruments are S.I. 2015/1724 and 2016/68.

61

S.I. 1986/595 (N.I. 4); Article 53 was amended by paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26)

62

Article 56(3) was substituted by section 296(3) of the Criminal Justice Act 2003 (c. 44) and amended by paragraph 5(2) of Schedule 5 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008 1216 (N.I. 1))

66

2003 c. 1. Section 639(2) was inserted by section 19 of the Finance Act 2005 (c.7)

68

Part 12ZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by paragraph 269(2) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraph 103 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and Article 4 of, and paragraph 20 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)) and paragraph 1(7) of Schedule 7 and Schedule 8 to S.R. 2006 No. 261

69

Part 12ZC was inserted by section 5 of the Work and Families Act (Northern Ireland) 2015 (c.1. (N.I.))

70

Article 146(4) was amended by Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902) (N.I. 15)) and Article 151(3) was amended by Article 32(2) of, and Schedule 9 to, the Employment Relations (Northern Ireland) Order 1999 and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003

71

Section 112(3) was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (N.I. 16))

73

Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and Articles 107E and 107G were inserted by section 2(2) of the Work and Families Act (Northern Ireland) 2015 (c. 1)

74

Seethe Schedule to S.I. 1996/3182

76

Articles112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002 (S.I. 2002 No. 2836 (N.I. 2))

77

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

78

Section 6 was substituted by paragraph 2 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30) and amended by section 81(3) of the Child Support, Pensions and Social Security Act 2000 (c. 19)

79

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594) (N.I. 3))

80

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

81

1993 c. 39. Section 23(2) was amended by Article 2 of S.I 1996/3095, Article 2 of S.I. 1999/1563 and Article 2 of S.I. 2006/654

84

Section 15 was amended by section 13 of the Limited Liability Partnerships Act 2000 (c. 12), section 3(2) of the National Insurance Contributions Act 2002 (c. 19), paragraph 424 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5) and Article 4 of S.I. 2008/579

85

Section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015

86

Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)), Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2)) and Article 7 was amended by section 121(1) of the Immigration and Asylum Act 1999 (c. 33) and section 46(6) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

87

Article 14A was inserted by paragraph 2(1) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))

88

S.I. 1991/194 (N.I. 1); paragraph 13 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))

90

2001 c. 17 (N.I.); section 5B was inserted by section 19 of the Welfare reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c.2 (N.I.))

93

Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 38 of Schedule 1 to the Pensions Act (Northern Ireland) 2008 (c. 1) and paragraph 4 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015

94

S.I. 1983/686; relevant amending instruments are S.I. 1984/1675 and S.I. 2001/420

95

2003 c.1. Section 639(2) was inserted by the Finance Act 2005 (c.7)

96

Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions Order (Northern Ireland) 1999

97

Section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015

100

S.I. 1998/1504 (N.I. 24); Article 45 was amended by paragraph 19 of Schedule 11 to the Justice (Northern Ireland) Act 2002 (c. 26)

Daily reduction rate

Lower daily reduction rate

Sanctions where universal credit ends and the person is entitled to an employment and support allowance

Editorial notes

117

Sch. 1 para. 1 in operation at 27.9.2017, see reg. 1(2)

118

Sch. 1 para. 2 in operation at 27.9.2017, see reg. 1(2)

119

Sch. 1 para. 3 in operation at 27.9.2017, see reg. 1(2)

120

Sch. 1 para. 4 in operation at 27.9.2017, see reg. 1(2)

121

Sch. 1 para. 5 in operation at 27.9.2017, see reg. 1(2)

122

Sch. 1 para. 6 in operation at 27.9.2017, see reg. 1(2)

123

Sch. 1 para. 7 in operation at 27.9.2017, see reg. 1(2)

124

Sch. 1 para. 8 in operation at 27.9.2017, see reg. 1(2)

125

Sch. 1 para. 9 in operation at 27.9.2017, see reg. 1(2)

126

Sch. 1 para. 10 in operation at 27.9.2017, see reg. 1(2)

127

Sch. 2 Pt. 1 in operation at 27.9.2017, see reg. 1(2)

128

Sch. 2 Pt. 2 in operation at 27.9.2017, see reg. 1(2)

129

Sch. 3 in operation at 27.9.2017, see reg. 1(2)

130

Reg. 7 in operation at 27.9.2017, see reg. 1(2)

131

Reg. 1 in operation at 27.9.2017, see reg. 1(2)

132

Reg. 11 in operation at 27.9.2017, see reg. 1(2)

133

Reg. 14 in operation at 27.9.2017, see reg. 1(2)

134

Reg. 85 in operation at 27.9.2017, see reg. 1(2)

135

Reg. 96 in operation at 27.9.2017, see reg. 1(2)

136

Reg. 48 in operation at 27.9.2017, see reg. 1(2)

137

Reg. 39 in operation at 27.9.2017, see reg. 1(2)

138

Reg. 2 in operation at 27.9.2017, see reg. 1(2)

139

Reg. 62 in operation at 27.9.2017, see reg. 1(2)

140

Reg. 49 in operation at 27.9.2017, see reg. 1(2)

141

Reg. 50 in operation at 27.9.2017, see reg. 1(2)

142

Reg. 51 in operation at 27.9.2017, see reg. 1(2)

143

Reg. 52 in operation at 27.9.2017, see reg. 1(2)

144

Reg. 84 in operation at 27.9.2017, see reg. 1(2)

145

Reg. 100 in operation at 27.9.2017, see reg. 1(2)

146

Reg. 19 in operation at 27.9.2017, see reg. 1(2)

147

Reg. 35 in operation at 27.9.2017, see reg. 1(2)

148

Reg. 94 in operation at 27.9.2017, see reg. 1(2)

149

Reg. 45 in operation at 27.9.2017, see reg. 1(2)

150

Reg. 80 in operation at 27.9.2017, see reg. 1(2)

151

Reg. 3 in operation at 27.9.2017, see reg. 1(2)

152

Reg. 4 in operation at 27.9.2017, see reg. 1(2)

153

Reg. 5 in operation at 27.9.2017, see reg. 1(2)

154

Reg. 6 in operation at 27.9.2017, see reg. 1(2)

155

Reg. 8 in operation at 27.9.2017, see reg. 1(2)

156

Reg. 9 in operation at 27.9.2017, see reg. 1(2)

157

Reg. 10 in operation at 27.9.2017, see reg. 1(2)

158

Reg. 12 in operation at 27.9.2017, see reg. 1(2)

159

Reg. 13 in operation at 27.9.2017, see reg. 1(2)

160

Reg. 15 in operation at 27.9.2017, see reg. 1(2)

161

Reg. 16 in operation at 27.9.2017, see reg. 1(2)

162

Reg. 17 in operation at 27.9.2017, see reg. 1(2)

163

Reg. 18 in operation at 27.9.2017, see reg. 1(2)

164

Reg. 20 in operation at 27.9.2017, see reg. 1(2)

165

Reg. 21 in operation at 27.9.2017, see reg. 1(2)

166

Reg. 22 in operation at 27.9.2017, see reg. 1(2)

167

Reg. 23 in operation at 27.9.2017, see reg. 1(2)

168

Reg. 24 in operation at 27.9.2017, see reg. 1(2)

169

Reg. 25 in operation at 27.9.2017, see reg. 1(2)

170

Reg. 26 in operation at 27.9.2017, see reg. 1(2)

171

Reg. 27 in operation at 27.9.2017, see reg. 1(2)

172

Reg. 28 in operation at 27.9.2017, see reg. 1(2)

173

Reg. 29 in operation at 27.9.2017, see reg. 1(2)

174

Reg. 30 in operation at 27.9.2017, see reg. 1(2)

175

Reg. 31 in operation at 27.9.2017, see reg. 1(2)

176

Reg. 32 in operation at 27.9.2017, see reg. 1(2)

177

Reg. 33 in operation at 27.9.2017, see reg. 1(2)

178

Reg. 34 in operation at 27.9.2017, see reg. 1(2)

179

Reg. 36 in operation at 27.9.2017, see reg. 1(2)

180

Reg. 37 in operation at 27.9.2017, see reg. 1(2)

181

Reg. 38 in operation at 27.9.2017, see reg. 1(2)

182

Reg. 40 in operation at 27.9.2017, see reg. 1(2)

183

Reg. 41 in operation at 27.9.2017, see reg. 1(2)

184

Reg. 42 in operation at 27.9.2017, see reg. 1(2)

185

Reg. 43 in operation at 27.9.2017, see reg. 1(2)

186

Reg. 44 in operation at 27.9.2017, see reg. 1(2)

187

Reg. 46 in operation at 27.9.2017, see reg. 1(2)

188

Reg. 47 in operation at 27.9.2017, see reg. 1(2)

189

Reg. 53 in operation at 27.9.2017, see reg. 1(2)

190

Reg. 54 in operation at 27.9.2017, see reg. 1(2)

191

Reg. 55 in operation at 27.9.2017, see reg. 1(2)

192

Reg. 56 in operation at 27.9.2017, see reg. 1(2)

193

Reg. 57 in operation at 27.9.2017, see reg. 1(2)

194

Reg. 58 in operation at 27.9.2017, see reg. 1(2)

195

Reg. 59 in operation at 27.9.2017, see reg. 1(2)

196

Reg. 60 in operation at 27.9.2017, see reg. 1(2)

197

Reg. 61 in operation at 27.9.2017, see reg. 1(2)

198

Reg. 63 in operation at 27.9.2017, see reg. 1(2)

199

Reg. 64 in operation at 27.9.2017, see reg. 1(2)

200

Reg. 65 in operation at 27.9.2017, see reg. 1(2)

201

Reg. 66 in operation at 27.9.2017, see reg. 1(2)

202

Reg. 67 in operation at 27.9.2017, see reg. 1(2)

203

Reg. 68 in operation at 27.9.2017, see reg. 1(2)

204

Reg. 69 in operation at 27.9.2017, see reg. 1(2)

205

Reg. 70 in operation at 27.9.2017, see reg. 1(2)

206

Reg. 71 in operation at 27.9.2017, see reg. 1(2)

207

Reg. 72 in operation at 27.9.2017, see reg. 1(2)

208

Reg. 73 in operation at 27.9.2017, see reg. 1(2)

209

Reg. 74 in operation at 27.9.2017, see reg. 1(2)

210

Reg. 75 in operation at 27.9.2017, see reg. 1(2)

211

Reg. 76 in operation at 27.9.2017, see reg. 1(2)

212

Reg. 77 in operation at 27.9.2017, see reg. 1(2)

213

Reg. 78 in operation at 27.9.2017, see reg. 1(2)

214

Reg. 79 in operation at 27.9.2017, see reg. 1(2)

215

Reg. 81 in operation at 27.9.2017, see reg. 1(2)

216

Reg. 82 in operation at 27.9.2017, see reg. 1(2)

217

Reg. 83 in operation at 27.9.2017, see reg. 1(2)

218

Reg. 86 in operation at 27.9.2017, see reg. 1(2)

219

Reg. 87 in operation at 27.9.2017, see reg. 1(2)

220

Reg. 88 in operation at 27.9.2017, see reg. 1(2)

221

Reg. 89 in operation at 27.9.2017, see reg. 1(2)

222

Reg. 90 in operation at 27.9.2017, see reg. 1(2)

223

Reg. 91 in operation at 27.9.2017, see reg. 1(2)

224

Reg. 92 in operation at 27.9.2017, see reg. 1(2)

225

Reg. 93 in operation at 27.9.2017, see reg. 1(2)

226

Reg. 95 in operation at 27.9.2017, see reg. 1(2)

227

Reg. 97 in operation at 27.9.2017, see reg. 1(2)

228

Reg. 98 in operation at 27.9.2017, see reg. 1(2)

229

Reg. 99 in operation at 27.9.2017, see reg. 1(2)

230

Reg. 101 in operation at 27.9.2017, see reg. 1(2)

231

Reg. 102 in operation at 27.9.2017, see reg. 1(2)

232

Word in reg. 48(1) substituted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2017 (S.R. 2017/18), regs. 1(1), 17

233

Words in reg. 49(5) substituted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(2)

234

Words in reg. 50 inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(3)(a)

235

Words in reg. 50 inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(3)(b)

236

Reg. 52(b) substituted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(5)

237

Words in reg. 84(1) inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(6)(a)(i)

238

Words in reg. 84(1) substituted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(6)(a)(ii)

239

Words in reg. 84(2) inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(6)(b)

240

Words in reg. 84(4) added (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(6)(c)

242

Reg. 62 (as modified by S.R. 2010/312 and S.R. 2017/190) sums amended (coming into operation in accordance with art. 1(1)(n)(2) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(n), 32(3)

245

Reg. 62 modified (coming into operation in accordance with art. 1(1)(o)(2) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), art. 32(3)

260

Reg. 62 modified (coming into operation in accordance with art. 1(1)(o)(2) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2022 (S.R. 2022/143), art. 32(3)

264

Reg. 62 modified (coming into operation in accordance with art. 1(1)(o)(2) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2023 (S.R. 2023/43), art. 32(3)

276

Reg. 62 modified (coming into operation in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2024 (S.R. 2024/73), art. 31(3)

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