OpenLegislation

Article 25 Amendment of the Employment and Support Allowance Regulations

Original text. Later amendments are not shown.

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 165(3) (entitlement for less than a week – amount of an employment and support allowance payable) in the definition of “Y” for “bereavement allowance” substitute “bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment)”.

(3)

In regulation 167(d) (modification in the calculation of income) for “bereavement allowance” substitute “bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015”.

(4)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 62f2 insert—

“(63)

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 except any such payment which is disregarded as capital under paragraph 11(1)(d) or 56 of Schedule 9.”.

(5)

In Schedule 9 (capital to be disregarded)—

(a)

in paragraph 11(1) after paragraph (c) insert—

“(d)

bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015,”; and

(b)

after paragraph 55 insert—

“(56)

Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017, but only for a period of 52 weeks from the date of receipt of the payment.”.

Annotations

Footnotes

f1

S.R. 2008 No. 280; relevant amending instrument is S.I. 2013/3021

f2

Paragraph 62 was inserted by Article 28(7) of S.I. 2013/3021