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The Employment and Support Allowance Regulations (Northern Ireland) 2016

S.R. 2016/219 · Made 3 May 2016 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 3rd May 2016

Laid before Parliament 10th May 2016

Coming into operation in accordance with regulation 1(2)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5(1A) and 165(4) to (6) of the Social Security Administration (Northern Ireland) Act 1992f1 and Article 21(1)(a) of the Social Security (Northern Ireland) Order 1998f2 and sections 2(1)(a) and (c) and (4)(a) and (c), 3(1)(c), (2)(b) and (d) and (3), 8(1) to (3), (4)(a) and (b), (5) and (6), 9(1) to (3) and (4)(a) and (b), 11A(5), 11B(2) and (3), 11D(2)(d), 11E(1), 11H(7) and (8), 11J(3), (4) and (8), 17(1), (2) and (3)(a) and (b), 18(1), (2) and (4), 20(2) to (7), 24(1), (2)(b) and (3) and 25(1) and (2) of, and paragraphs 1(3) and (4), 3(2), 4(1)(a) and (c), (3) and (4) of Schedule 1 and paragraphs 1 to 4A, 5, 6, 9 and 10 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 2007f3 and Article 5 and paragraphs 2(3) and 3 of Schedule 5 to the Welfare Reform (Northern Ireland) Order 2015f4.

These powers are exercisable by the Secretary of State by virtue of Article 4(1)(b) of the Welfare Reform (Northern Ireland) Order 2015.

Annotations to the whole text

Footnotes

f1

1992 c. 8; section 5(1A) was inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015 No. 2006 (N.I. 1))

f2

S.I. 1998/1506 (N.I. 10)

f3

2007 c. 2 (N.I.); section 2(1) was amended by paragraph 19 of Schedule 3 and paragraph 6(2) of Schedule 5 to the Welfare Reform (Northern Ireland) Order 2015, section 3(2)(d) was amended by paragraph 21(c) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015, sections 11A to 11J were inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015, section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015, section 20(2) to (7) was amended by paragraph 21(e) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015, paragraph 1(3) of Schedule 1 was substituted by section 12(4) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13) and paragraph 1(4) was amended by section 12(5) of that Act, paragraph 3(2) of Schedule 1 was amended by paragraph 21(f) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015, paragraph 4A of Schedule 2 was inserted by Article 60(6) of the Welfare Reform (Northern Ireland) Order 2015 and paragraph 6 was amended by paragraph 21(g) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015. Section 24(1) is cited for the meaning it gives to “prescribed” and “regulations”

f4

S.I. 2015 No. 2006 (N.I. 1); Article 5 is cited for the meaning it gives to “the Contributions and Benefits Act” and “the Jobseekers Order”

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Further interpretation
  5. 4Rounding of fractions
  6. Part 2: THE ASSESSMENT PHASE
  7. 5The end of the assessment phase
  8. 6The assessment phase – previous claimants
  9. 7Circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply
  10. Part 3: CONDITIONS OF ENTITLEMENT
  11. 8Conditions relating to national insurance and relevant earnings
  12. 9Relaxation of the first contribution condition
  13. 10Condition relating to youth – claimants aged 20 or over but under 25
  14. 11Condition relating to youth – previous claimants
  15. 12Condition relating to youth – residence or presence
  16. 13Condition relating to youth – full-time education
  17. 14Modification of the relevant benefit year
  18. Part 4: LIMITED CAPABILITY FOR WORK
  19. 15Determination of limited capability for work
  20. 16Certain claimants to be treated as having limited capability for work
  21. 17Information required for determining capability for work
  22. 18Failure to provide information in relation to limited capability for work
  23. 19Claimant may be called for a medical examination to determine whether the claimant has limited capability for work
  24. 20Matters to be taken into account in determining good cause in relation to regulation 18 or 19
  25. 21Hospital patients
  26. 22Claimants receiving certain treatment
  27. 23Claimant to be treated as having limited capability for work throughout a day
  28. 24Night workers
  29. 25Exceptional circumstances
  30. 26Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made
  31. 27Certain claimants to be treated as not having limited capability for work
  32. 28Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence
  33. 29Additional circumstances where claimants are to be treated as having limited capability for work
  34. Part 5: LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY
  35. 30Determination of limited capability for work-related activity
  36. 31Certain claimants to be treated as having, or not having, limited capability for work-related activity
  37. 32Relevant linked cases – limited capability for work-related activity
  38. 33Information required for determining capability for work-related activity
  39. 34Failure to provide information in relation to work-related activity
  40. 35Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity
  41. 36Matters to be taken into account in determining good cause in relation to regulation 34 or 35
  42. Part 6: EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE
  43. 37A claimant who works to be treated as not entitled to an employment and support allowance
  44. 38Claimants who are treated as not entitled to any allowance at all by reason of regulation 37(1) are to be treated as not having limited capability for work
  45. 39Exempt work
  46. 40Effect of work on entitlement to an employment and support allowance where claimant is receiving certain treatment
  47. Part 7: CLAIMANT RESPONSIBILITIES
  48. 41Interpretation
  49. 42Application of regulations where there is dual entitlement
  50. 43Sanction ceases to apply to employment and support allowance
  51. 44Claimant commitment – date and method of acceptance
  52. 45Claimant commitment – exceptions
  53. 46Purposes of a work-focused interview
  54. 47Claimants subject to no work-related requirements
  55. 48Claimants subject to work-focused interview requirement only
  56. 49Victims of domestic violence
  57. Part 8: SANCTIONS
  58. 50Interpretation
  59. 51General principles for calculating reduction periods
  60. 52Low-level sanction
  61. 53Lowest-level sanction
  62. 54Start of the reduction
  63. 55Reduction period to continue where an award of an employment and support allowance terminates
  64. 56Suspension of a reduction where a fraud sanction applies
  65. 57Termination of a reduction
  66. 58Amount of reduction for each benefit week
  67. 59Daily reduction rate
  68. 60Lower daily reduction rate
  69. 61Sanctions where universal credit ends and the person is entitled to an employment and support allowance
  70. Part 9: AMOUNTS OF ALLOWANCE
  71. 62Prescribed amounts
  72. 63Special cases
  73. 64Permanent health insurance
  74. 65Financial Assistance Scheme
  75. 66Councillor’s allowance
  76. 67Deductions for pension payment and PPF payment
  77. 68Payments treated as not being payments to which section 3 applies
  78. 69Deductions for councillor’s allowance
  79. 70Date from which payments are to be taken into account
  80. 71Date from which a change in the rate of the payment takes effect
  81. 72Calculation of payment made other than weekly
  82. 73Effect of statutory maternity pay on an employment and support allowance
  83. 74Effect of statutory adoption pay on an employment and support allowance
  84. 75Effect of statutory shared parental pay on an employment and support allowance
  85. Part 10: INCOME AND EARNINGS
  86. 76Calculation of earnings derived from employed earner’s employment and income other than earnings
  87. 77Calculation of earnings of self-employed earners
  88. 78Date on which income is treated as paid
  89. 79Calculation of weekly amount of income
  90. 80Earnings of employed earners
  91. 81Calculation of net earnings of employed earners
  92. 82Earnings of self-employed earners
  93. 83Calculation of net profit of self-employed earners
  94. 84Deduction of tax and contributions for self-employed earners
  95. Part 11: SUPPLEMENTARY PROVISIONS
  96. 85Waiting days
  97. 86Linking period
  98. 87Claimants appealing a decision
  99. 88Absence from Northern Ireland
  100. 89Short absence
  101. 90Absence to receive medical treatment
  102. 91Absence in order to receive health service treatment
  103. 92Absence of member of family of member of Her Majesty’s forces
  104. 92AAbsence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges evacuation of British nationals from that country or territory
  105. Part 12: DISQUALIFICATION
  106. 93Disqualification for misconduct etc.
  107. 94Meaning of “person in hardship”
  108. 95Treating a claimant as not having limited capability for work
  109. 96Exceptions from disqualification for imprisonment
  110. 97Suspension of payment of an employment and support allowance during imprisonment
  111. Part 13: PERIODS OF LESS THAN A WEEK
  112. 98Entitlement for less than a week – amount of an employment and support allowance payable
  113. 99Relevant week
  114. 100Modification in the calculation of income
  115. 101Reduction in certain cases
  116. 102Payment of an employment and support allowance for days of certain treatment
  117. Signature
  118. Schedule 1: Her Majesty’s forces
  119. Part 1: PRESCRIBED ESTABLISHMENTS AND ORGANISATIONS
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. 5Paragraph 5
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. 8Paragraph 8
  128. 9Paragraph 9
  129. Part 2: ESTABLISHMENTS AND ORGANISATIONS OF WHICH HER MAJESTY’S FORCES DO NOT CONSIST
  130. 10Paragraph 10
  131. Schedule 2: Assessment of Whether a Claimant has Limited Capability for Work
  132. 1PHYSICAL DISABILITIES
  133. 2MENTAL, COGNITIVE AND INTELLECTUAL FUNCTION ASSESSMENT
  134. Schedule 3Assessment of whether a claimant has limited capability for work-related activity
  135. Explanatory note