# The Employment and Support Allowance (Transitional Provisions) Regulations (Northern Ireland) 2008, Regulation 2: Claim for an existing benefit

Extent: N.I.

(1) 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.
(2) Paragraph (1) does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) 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
(e) a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.
(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for... 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) 1987 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative).

---
Source: https://www.legislation.gov.uk/nisr/2008/283/regulation/2 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-transitional-provisions-regulations-northern-ireland-2008/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.