Regulation 2 Claim for an existing benefitI1
Northern Ireland
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).
Annotations
Textual amendments
- F1
Reg. 2(2)(a)-(c) omitted (31.1.2011) by virtue of The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 24(a)
- F2
Reg. 2(2)(d)(e) added (26.10.2008) by The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/429), regs. 1, 2(b)
- F3
Words in reg. 2(3) omitted (31.1.2011) by virtue of The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 24(b)
Commencement
- I1
Reg. 2 in operation at 27.7.2008, see reg. 1(1)
Footnotes
- f1
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S.R. 1987 No. 465; relevant amending regulations are S.R. 1994 No. 456, S.R. 1996 No. 354, S.R. 2001 No. 108, S.R. 2002 No. 323 and S.R. 2005 No. 299