# The Housing Benefit Regulations (Northern Ireland) 2006, Paragraph 21


(1) Subject to paragraph 22, the claimant is entitled to the component in paragraph 24 if—
(a) the claimant or the claimant’s partner has made a claim for employment and support allowance;
(b) the Department has determined that that the claimant or the claimant's partner has or is treated as having limited capability for work-related activity; and
(c) one of the following applies—
(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;
(ii) regulation 7 of the Employment and Support Allowance Regulations or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or ... arises does not apply) applies, or
(iii) the conditions in sub-paragraph (2) apply.
(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—
(a) neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;
(b) either is or both are entitled to be credited with earnings equal to the lower earnings limit then in operation under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations (Northern Ireland) 1975 (credits for incapacity for work or limited capability for work); and
(c) sub-paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.

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Source: https://www.legislation.gov.uk/nisr/2006/405/schedule/4/paragraph/21 (the official version)
Page: https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/schedule-4/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.