{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2008/regulation-165",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2008/regulation-165.json",
  "legislation": "nisr/2008/280",
  "legislation_title": "The Employment and Support Allowance Regulations (Northern Ireland) 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2008",
  "path": "regulation/165",
  "kind": "regulation",
  "number": "165",
  "heading": "Entitlement for less than a week – amount of an employment and support allowance payable",
  "text": "(1) This regulation applies where the claimant is entitled to an employment and support allowance for a part-week and is subject to the following provisions of this Part.\n(2) The amount payable by way of an income-related allowance in respect of that part-week is to be calculated by applying the formula—\n(a) where the claimant has no income—\n(N x A)7or\n(b) where the claimant has an income—\nN x (A−I)7−Bwhere—\nAthe claimant’s weekly applicable amount in the relevant week;\nBthe amount of any employment and support allowance, jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to the claimant or the claimant’s partner in respect of any day in the part-week;\nIthe claimant’s weekly income in the relevant week;\nNthe number of days in the part-week.\n(3) The amount payable by way of a contributory allowance in respect of a part-week is to be calculated by applying the formula—\n(N x X)−Y7where—\nXthe amount calculated in accordance with section 2(1) of the Act;\nYthe amount of any widow’s benefit, widowed parent’s allowance, bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) , training allowance, carer’s allowance , carer support payment and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (unemployability supplement) payable in respect of any day in the part-week;\nNthe number of days in the part-week.\n(4) In this Part—\n“part-week” means an entitlement to an employment and support allowance in respect of any period of less than a week;\n“relevant week” means the period of 7 days determined in accordance with regulation 166.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 165(3) 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), 25(2) (with arts. 2, 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 165(3) 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(5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 165 in operation at 27.10.2008, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2008/280/regulation/165",
    "retrieved_at": "2026-11-12T03:38:16.781320+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}