Paragraph 21 F1F2
Subject to paragraph 22, the claimant is entitled to F3the component in paragraph 24 if—
the claimant or the claimant’s partner has made a claim for employment and support allowance;
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
one of the following applies—
the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;
regulation 7 of the Employment and Support Allowance Regulations F5or 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 F6... arises does not apply) applies, or
the conditions in sub-paragraph (2) apply.
The conditions referred to in sub-paragraph (1)(c)(iii) are—
neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;
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
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.
Annotations
Textual amendments
- F1
Sch. 4 Pts. 5, 6 added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(17)(d)
- F2
Sch. 4 para. 21 substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/67), regs. 1(1), 6(3)(a)
- F3
Words in Sch. 4 para. 21(1) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), reg. 1, Sch. 1 para. 6(7)(a)(ii)(aa) (with Sch. 2)
- F4
Sch. 4 para. 21(1)(b) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), reg. 1, Sch. 1 para. 6(7)(a)(ii)(bb) (with Sch. 2)
- F5
Words in Sch. 4 para. 21(c)(ii) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 34(10)(c)
- F6
Words in Sch. 4 para. 21(1)(c)(ii) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), reg. 1, Sch. 1 para. 6(7)(a)(ii)(cc) (with Sch. 2)
Notes on Schedule 4
Modifications
- C1
Sch. 4 applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 17(2)
Notes on Part V
Textual amendments
- F2
Word in Sch. 4 Pt. V heading substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), reg. 1, Sch. 1 para. 6(7)(a)(i) (with Sch. 2)