The Employment and Support Allowance Regulations (Northern Ireland) 2016
S.R. 1975 No. 113; regulation 9D was inserted by regulation 2 of S.R. 2001 No. 88
Regulation 9E was inserted by regulation 2(3) of S.R. 2010 No. 109
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)
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))
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.))
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))
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)
Sections 11B to 11I were inserted by Article 63 of the Welfare Reform (Northern Ireland) Order 2015
Section 11J was inserted by Article 63 of the Welfare Reform (Northern Ireland) Order 2015
Section 1(3)(aa) was inserted by Article 60(2) of the Welfare Reform (Northern Ireland) Order 2015
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
Sections 11to 11G were inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015
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
Article 8K was inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015
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
S.I. 2015/621, relevant amending instruments are S.I. 2015/1724 and 2016/68.
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)
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))
2003 c. 1. Section 639(2) was inserted by section 19 of the Finance Act 2005 (c.7)
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
Part 12ZC was inserted by section 5 of the Work and Families Act (Northern Ireland) 2015 (c.1. (N.I.))
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
Section 112(3) was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (N.I. 16))
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)
Seethe Schedule to S.I. 1996/3182
Articles112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002 (S.I. 2002 No. 2836 (N.I. 2))
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))
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)
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))
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))
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
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
Section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015
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)
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))
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))
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.))
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
S.I. 1983/686; relevant amending instruments are S.I. 1984/1675 and S.I. 2001/420
2003 c.1. Section 639(2) was inserted by the Finance Act 2005 (c.7)
Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions Order (Northern Ireland) 1999
Section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015
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
Words in reg. 39(1)(c) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/50), regs. 1(2), 4(a)
Words in reg. 39(6) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/50), regs. 1(2), 4(b)
Words in reg. 2 inserted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(2) (with Sch. 2)
Words in reg. 7 heading omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(3)(a) (with Sch. 2)
Words in reg. 7(1) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(3)(b) (with Sch. 2)
Words in reg. 7(3)(a)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(3)(c) (with Sch. 2)
Words in reg. 7(3)(d)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(3)(d) (with Sch. 2)
Words in reg. 62(1)(a)(b) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 3(4)(a) (with Sch. 2)
Words in reg. 100(b) substituted (6.4.2017) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), arts. 1(2)(c), 29 (with arts. 2, 3)
Words in reg. 62(1)(a)(b) inserted (31.7.2017) by The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations (Northern Ireland) 2017 (S.R. 2017/148), regs. 1, 7 (with reg. 9)
Sch. 1 para. 1 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 2 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 3 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 4 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 5 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 6 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 7 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 8 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 9 in operation at 27.9.2017, see reg. 1(2)
Sch. 1 para. 10 in operation at 27.9.2017, see reg. 1(2)
Sch. 2 Pt. 1 in operation at 27.9.2017, see reg. 1(2)
Sch. 2 Pt. 2 in operation at 27.9.2017, see reg. 1(2)
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
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)
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)
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)
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)
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)
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)
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)
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)
Words in reg. 2 substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 116 (with regs. 6-9)
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)
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)
Words in reg. 51(1) substituted (1.11.2021) by The Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/288), regs. 1, 3(a)
Reg. 51(4) omitted (1.11.2021) by virtue of The Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/288), regs. 1, 3(b)
Reg. 45 renumbered as reg. 45(1) (15.2.2022) by The Universal Credit and Employment and Support Allowance (Claimant Commitment Exceptions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/14), regs. 1, 3(a)
Reg. 94(3)(b): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 31(2)(a)(i)
Reg. 94(3)(c)(ii): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 31(2)(b)(i)
Words in reg. 94(7) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 31(2)(c)(i)
Words in reg. 94(7) substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 31(2)(c)(ii)
Word in reg. 2 substituted (4.4.2022) by Social Security (Terminal Illness) Act (Northern Ireland) 2022 (c. 7), ss. 1(1)(2)(c)(iii), 3(2) (with s. 1(8)); S.R. 2022/171, art. 2
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)
Word in reg. 17(1)(a) omitted (1.7.2022) by virtue of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/182), regs. 1(1), 4(5)
Reg. 62 modified (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022 (S.R. 2022/231), arts. 1, 31(3)
Reg. 62 modified (27.3.2023) by The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023 (S.R. 2023/27), arts. 1, 31(3)
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)
Reg. 62 modified (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 31(3)
Words in reg. 2 inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 49(2)
Words in reg. 9(2)(a) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 49(3)
Words in reg. 100(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 49(6)
Reg. 62 modified (22.3.2024) by The Social Security (2023 Benefits Up-rating) Order (Northern Ireland) 2024 (S.R. 2024/69), arts. 1, 30(3), 32
Reg. 84(3)(a) omitted (6.4.2024) by virtue of The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 8(25) (with reg. 1(4))
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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