Regulation 8 Amendments to the Employment and Support Allowance Regulations

(1)

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

(2)

In regulation 2(1)—

(a)

after the definition of “aircraft worker” insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)

after the definition of “the Independent Living Fund (2006)” insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)

in the definition of “qualifying person”^f2, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)

after the definition of “Scottish basic rate”^f3 insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”.

(3)

In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)

regulation 107(5)(a)^f4 (notional income – income due to be paid or income paid to or in respect of a third party);

(b)

regulation 112(8)^f5 (income treated as capital);

(c)

regulation 115(5)(a)^f6 (notional capital);

(d)

in paragraph 19(8)(b)^f7 of Schedule 6 (housing costs);

(e)

paragraphs 21(2)^f8 and 40(1)^f9 and (7)^f10 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(f)

paragraphs 27(1)^f11 and (7)^f12 and 31^f13 of Schedule 9 (capital to be disregarded).

(4)

In Schedule 6 after paragraph 19(8)(c) add—

“(d)
any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5)

In Schedule 9 after paragraph 56^f14 add—

“57.

Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Annotations

Footnotes

f1: S.R. 2008 No. 280; relevant amending Regulations are S.R. 2010 No. 69; S.R 2011 No. 357 and S.R. 2017 No. 205
f2: The definition of “qualifying person” was amended by regulation 10(3)(a) of S.R. 2010 No. 69, regulation 21(2)(b) of S.R. 2011 No. 357 and regulation 8(2)(b) of S.R. 2017 No. 205
f3: Definition of “Scottish basic rate” was inserted by regulation 6(2) of SR 2016 No.147
f4: Paragraph (5)(a) was amended by regulation 10(3)(b) and (5)(a) of S.R. 2010 No. 69, regulation 21(8)(a) of S.R. 2011 No. 357 and regulation 8(3)(a) of S.R. 2017 No. 205
f5: Paragraph (8) was amended by regulation 10(3)(c) and (5)(b) of S.R. 2010 No. 69, regulation 21(8)(b) of S.R. 2011 No. 357 and regulation 8(3)(b) of S.R. 2017 No. 205
f6: Paragraph (5)(a) was amended by regulation 10(3)(d) and (5)(c) of S.R. 2010 No. 69, regulation 21(9)(a) of S.R. 2011 No. 357 and regulation 8(3)(c) of S.R. 2017 No. 205
f7: Sub-paragraph (8)(b) was amended by regulation 10(3)(e) and (5)(d) of S.R. 2010 No. 69, regulation 21(8)(c) of S.R. 2011 No. 357 and regulation 8(3)(d) of S.R. 2017 No. 205
f8: Sub-paragraph (2) was amended by regulation 10(3)(f) of S.R. 2010 No. 69, regulation 21(8)(d) of S.R. 2011 No. 357 and regulation 8(3)(e) of S.R. 2017 No. 205
f9: Sub-paragraph (1) was amended by regulation 10(3)(e) and (5)(d) of S.R. 2010 No. 69, regulation 21(8)(d) of S.R. 2011 No. 357 and regulation 8(3)(e) of S.R. 2017 No. 205
f10: Sub-paragraph (7) was amended by regulation 10(3)(f) of S.R. 2010 No. 69, regulation 21(9)(b) of S.R. 2011 No. 357 and regulation 8(3)(e) of S.R. 2017 No. 205
f11: Sub-paragraph (1) was amended by regulation 10(3)(g) and (5)(f) of S.R. 2010 No. 69, regulation 21(9)(c) of S.R. 2011 No. 357 and regulation 8(3)(f) of S.R. 2017 No. 205
f12: Sub-paragraph (7) was amended by regulation 10(3)(g) of S.R. 2010 No. 69, regulation 21(9)(c) of S.R. 2011 No. 357 and regulation 8(3)(e) of S.R. 2017 No. 205
f13: Paragraph 31 was amended by regulation 10(3)(g) of S.R. 2010 No. 69 and regulation 21(8) of S.R. 2011 No. 357
f14: Paragraph 56 was added by Article 25(5) of S.R. 2017 No. 66