Regulation 6 Transitional arrangements and savingsI1C1
Northern Ireland
Paragraph (2) shall apply where a person –
is entitled to a specified benefit in respect of a period which includes 30th April 2004;
claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;
claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;
to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);
claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995.
Where this paragraph applies –
regulation 7A of the Housing Benefit Regulations shall continue to have effect as if regulation 2 had not been made;
regulation 21 of the Income Support Regulations shall continue to have effect as if regulation 3 had not been made;
regulation 85 of the Jobseeker’s Allowance Regulations shall continue to have effect as if regulation 4 had not been made, F3...
regulation 2 of the State Pension Credit Regulations shall continue to have effect as if regulation 5 had not been made F4; and
regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.
The provisions saved by paragraph (2) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of paragraph (1) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.
In this regulation—
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008; and
“specified benefit” means income support, housing benefit, jobseeker’s allowance, state pension credit and employment and support allowance.
Annotations
Textual amendments
- F1
Regulations revoked (30.4.2006) by The Social Security (Persons from Abroad) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/178), regs. 1(1), 8(1)(d) (with reg. 8(2))
- F2
Reg. 6(1)(ca) added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(a)
- F3
Word in reg. 6(2) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(b)(i)
- F4
Reg. 6(2)(e) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(b)(ii)
- F5
Reg. 6(4) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(c)
Modifications
- C1
Reg. 6 applied (with modifications) by S.R. 2010/312, Sch. 2 para. 7 (as added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(b))
Commencement
- I1
Reg. 6 in operation at 1.5.2004, see reg. 1(1)