# The Employment and Support Allowance Regulations (Northern Ireland) 2008, Paragraph 4

Extent: N.I.

(1) For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person is to be treated as being in receipt of any benefit—
(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 applies, for any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; ...
(b) for any period spent by a person in undertaking a course of training or instruction provided or approved by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act or section 1(1) of the Employment and Training Act or for any period during which the person is in receipt of a training allowance and
(c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.
(2) For the purposes of the carer premium under paragraph 8, a claimant is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of—
(a) armed forces independence payment;
(b) attendance allowance;
(ba) pension age disability payment;
(bb) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
(c) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; ...
(ca) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
(d) the daily living component of personal independence payment at the standard or enhanced rate in accordance with Article 83(3) of the 2015 Order.

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Source: https://www.legislation.gov.uk/nisr/2008/280/schedule/4/part/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2008/schedule-4/part-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.