# The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008, Regulation 15: Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

Extent: N.I.

(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 are amended in accordance with paragraphs (2) to (12).
(2) In regulation 1(2) (interpretation)—
(a) in the definition of “benefit” after “state pension credit” insert “, an employment and support allowance”;
(b) after the definition of “disability working allowance” insert—
““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”; and
(c) after the definition of “the State Pension Credit Regulations” add—
““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007.”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In regulation 5(3) (offsetting prior payment against subsequent award) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or an income-related employment and support allowance”.
(6) In regulation 7(1) (duplication and prescribed income)—
(a) in sub-paragraph (a) for “or Part III of the State Pension Credit Regulations” substitute “, Part III of the State Pension Credit Regulations or Part 10 of the Employment and Support Allowance Regulations”; and
(b) in sub-paragraph (b) after “Jobseeker’s Allowance Regulations” insert “or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations”.
(7) In regulation 8 (duplication and prescribed payments)—
(a) in paragraph (1) after sub-paragraph (j) add—
“(k) a contributory employment and support allowance.”; and
(b) in paragraph (2) for “or income-based jobseekers allowance” substitute “, income-based jobseekers allowance or income-related employment and support allowance”.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In regulation 14 (quarterly diminution of capital)—
(a) in paragraph (1) after “income-based jobseeker’s allowance”, in both places where it occurs, insert “, income-related employment and support allowance”; and
(b) in paragraph (3) in the definition of “overpayment period” for “or an income-based jobseeker’s allowance” substitute “, income based jobseeker’s allowance or income-related employment and support allowance.
(10) In regulation 15(2)(d) (recovery by deduction from prescribed benefits) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.
(11) In regulation 16 (limitations on deductions from prescribed benefits)—
(a) in paragraph (4A) after sub-paragraph (d) add—
“(e) an income-related employment and support allowance;
(f) where, if there was no entitlement to a contributory employment and support allowance, there would be entitlement to an income-related employment and support allowance at the same rate, a contributory employment and support allowance.”;
(b) in paragraph (6) after sub-paragraph (c) add—
“or
(d) in the calculation of the income of a person to whom income-related employment and support allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraph 7 of Schedule 7 to the Employment and Support Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 15 and 16 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),”; and
(c) in paragraph (8)—
(i) in paragraph (a) of the definition of “personal allowance for a single claimant aged not less than 25” after “entitled to” insert “employment and support allowance,”, and
(ii) in the definition of “specified benefit” after “income support” insert “an employment and support allowance,”.
(12) In regulation 17 (recovery from couples) after “income-based jobseeker’s allowance”, in both places where it occurs, insert “, income-related employment and support allowance”.

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Source: https://www.legislation.gov.uk/nisr/2008/286/regulation/15 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-consequential-provisions-regulations-northern-ireland-2008/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.