Regulation 144 Waiting daysI1
Northern Ireland
A claimant is not entitled to an employment and support allowance in respect of F17 days at the beginning of a period of limited capability for work.
Paragraph (1) does not apply where—
the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support, F2incapacity benefit, severe disablement allowance, state pension credit, a jobseeker’s allowance, a carer’s allowance F3, carer support payment F4, statutory sick pay or a maternity allowance coming to an end;
the claimant is terminally ill and has—
made a claim expressly on the ground of being terminally ill, or
made an application for supersession or revision in accordance with the Decisions and Appeals Regulations which contains an express statement of being terminally ill; F5or
the claimant has been discharged from being a member of Her Majesty’s forces and 3 or more days immediately before that discharge were days of sickness absence from duty, which are recorded by the Secretary of State for Defence.
F6or
the claimant is the other member of a couple to whom regulation 4H(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 applies and the former claimant was not entitled to an employment and support allowance in respect of F77 days at the beginning of the period of limited capability for work which relates to the former claimant’s entitlementF8; or
the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act (further entitlement after time-limiting).
Annotations
Textual amendments
- F1
Word in reg. 144(1) substituted (27.10.2014) by The Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/235), regs. 1, 2(2) (with reg. 4(2))
- F2
Words in reg. 144(2)(a) inserted (31.1.2011) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 25(3)
- F3
Words in reg. 144(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), 44(4)
- F4
Words in reg. 144(2)(a) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(25)(a)
- F5
Word in reg. 144(2)(b) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(25)(b)
- F6
Reg. 144(2)(d) and word added (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(25)(c)
- F7
Word in reg. 144(2)(d) substituted (27.10.2014) by The Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/235), regs. 1, 2(2) (with reg. 4(2)(3))
- F8
Reg. 144(2)(e) and word 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), 8(3)