The Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008
S.R. 2008/283 · Made 3 July 2008 · Extends to Northern Ireland
Social Security
Made 3rd July 2008
Coming into operation in accordance with regulation 1
The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 25(2) of, and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 to, the Welfare Reform Act (Northern Ireland) 2007f1.
Annotations to the whole text
Footnotes
Contents
- 1Citation, commencement and interpretation
- 2Claim for an existing benefit
- 3Claim by a person entitled or potentially entitled to an existing award
- 4Claim for a period before the appointed day
- 5Transitional protection in relation to the Jobseekers Order
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008 and, subject to paragraph (2), shall come into operation on 27th July 2008.
Regulation 5 shall come into operation on 27th October 2008.
In these Regulations “income support on the grounds of disability” means income support awarded to a person to whom regulationF1... 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987f1 (prescribed categories of person) applies.
2Claim for an existing benefitI1
Subject to paragraphs (2) and (3), a claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.
Paragraph (1) does not apply to—
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a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or
a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.
Paragraph (1) does not apply insofar as a claim is treated as a claim forF3... maternity allowance or carer’s allowance under regulation 9(1) of, and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative).
3Claim by a person entitled or potentially entitled to an existing awardI1
A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.
A claim for an employment and support allowance made by a person who would be entitled to an existing award if that person made a claim described in regulation 2(2), is to be treated as a claim for incapacity benefit, severe disablement allowance or, as the case may be, income support.
4Claim for a period before the appointed dayI1
Where—
before the appointed day a person purports to make a claim, or
on or after the appointed day a person makes a claim,
for an employment and support allowance for a period beginning before the appointed day; and
it appears to the Department that the person would be entitled to incapacity benefit or income support on the grounds of disability if that person made a claim for it in accordance with section 1(1)(a) of the Administration Act,
the purported claim or claim may be treated by the Department as a claim in the alternative for incapacity benefit or income support on the grounds of disability.
5Transitional protection in relation to the Jobseekers OrderI1
In relation to a person who—
is entitled to an existing award; or
would be entitled to an existing award if that person made a claim described in regulation 2(2),
the Jobseekers Order shall continue to have effect as if paragraphs 6(2)(b), (3) and (6) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 had not come into operation.
Signature
Sealed with the Official Seal of the Department for Social Development on 3rd July 2008
(L.S.)
John O’Neill
A senior officer of the Department for Social Development
Explanatory note
(This note is not part of the Regulations)
These Regulations make transitional provisions in relation to the introduction of employment and support allowance.
Regulation 2 provides that, apart from linked claims, after employment and support allowance is introduced no new claim can be made for incapacity benefit, severe disablement allowance or income support on the grounds of disability, since such a claim will be treated as a claim for an employment and support allowance, and sets out the circumstances where a person who has previously been entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, can make a linked claim for that benefit.
Regulation 3 provides for a person who is entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, or who can make a linked claim for one of those benefits, is prevented from claiming employment and support allowance.
Regulation 4 provides for where a person tries to claim an employment and support allowance ineffectively, either by making a claim for a period before employment and support allowance is introduced or by claiming after the appointed day for a period which includes a period before the appointed day, the claim may be treated instead as a claim for incapacity benefit or income support on the grounds of disability.
Regulation 5 provides that the amendments made to the Jobseekers (Northern Ireland) Order 1995 by paragraph 6 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 relating to “limited capability for work” do not apply in relation to a person who is entitled, or would be entitled, to incapacity benefit, severe disablement allowance or income support on the grounds of disability.
Section 25(2) of, and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 to, the Welfare Reform Act (Northern Ireland) 2007, the enabling provisions under which these Regulations are made, were brought into operation for the purpose only of authorising the making of regulations on 1st July 2008, and for all other purposes on 27th July 2008, by virtue of the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008 (S.R. 2008 No. 276 (C. 14)). As these Regulations are made before the end of the period of 6 months from the commencement of those provisions, they are exempt by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992 from reference to the Social Security Advisory Committee.