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Regulation 14 Amendment of the Employment and Support Allowance RegulationsI1I2I3I4

Northern Ireland

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) to (12).

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 32A,”; and

(b)

after the definition of “mobility supplement” insert—

  • ““national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”.

(3)

Renumber regulation 32Af2 (claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence) as paragraph (1) of that regulation and in the renumbered paragraph (1)—

(a)

in sub-paragraph (a) omit “in accordance with regulation 30(2)(a)”; and

(b)

after paragraph (1) add—

“(2)

In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.”.

(4)

In regulation 45 (exempt work)—

(a)

in paragraphs (3) and (4)f3 for “£95.00” substitute “ subject to paragraph (9A), 16 times the national minimum wage”; and

(b)

after paragraph (9) insert—

“(9A)

Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of—

(a)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

(5)

In regulation 76 (deductions for councillor’s allowance)—

(a)

in paragraph (1) for “£95.00f4” substitute “subject to paragraph (3), 16 times the national minimum wage”; and

(b)

after paragraph (2) add—

“(3)

where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of—

(i)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(ii)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

(6)

In regulation 93 (date on which income is treated as paid)—

(a)

in paragraph (1) omit “or (3)”; and

(b)

omit paragraphs (3) and (4)f5.

(7)

In regulation 104(1)f6 (calculation of income other than earnings) omit “and regulation 93(3) and (4) (date on which income is treated as paid)”.

(8)

In regulation 149(1)f7 (linking rules-limited capability for work) after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work following a limited capability for work assessment”.

(9)

In regulation 150f8 (linking rules-limited capability for work-related activity) after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work-related activity in accordance with regulation 34 or 35”.

(10)

In Schedule 6 (housing costs)—

(a)

in paragraph 6(5)(b) (housing costs not met) after “income” insert “equal to or”;

(b)

in paragraph 15(1) (linking rules) omit “Subject to sub-paragraph (2),”;

(c)

omit paragraph 15(2); and

(d)

in paragraph 15(8)—

(i)

in sub-paragraph (b) after “income” insert “equal to or”, and

(ii)

after sub-paragraph (b) insert—

“(bb)

an amount of contributory allowance payable in respect of a claimant under section 2 that is equal to, or exceeds, the applicable amount in the claimant’s case; or”.

(11)

In paragraphs 5, 6 and 7(3)(b) of Schedule 7f9 (sums to be disregarded in the calculation of earnings) for “£95.00”, in each place where it occurs, substitute “16 times the national minimum wage”.

(12)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) in paragraph 7 for sub-paragraph (3)f10 substitute—

“(3)

Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act.”.

Annotations

Commencement

I1

Reg. 14(10)(a) in operation at 11.4.2011 in so far as not already in force, see reg. 1(3)

I2

Reg. 14(11) in operation at 11.4.2011 in so far as not already in force, see reg. 1(3)

I3

Reg. 14(12) in operation at 11.4.2011 in so far as not already in force, see reg. 1(3)

I4

Reg. 14 in operation at 11.4.2011 for specified purposes, see reg. 1(1)

Footnotes

f1

S.R. 2008 No. 280

f2

Regulation 32A was inserted by regulation 9(9) of S.R. 2010 No. 200

f3

Paragraph (3) was amended by regulation 9(10)(a) of S.R. 2010 No. 200 and paragraphs (3) and (4) were amended by regulation 5(2) of S.R. 2010 No. 311

f4

Paragraph (1) was amended by regulation 5(3) of S.R. 2010 No. 311

f5

Paragraph (3) was amended by and paragraph (4) was added by regulation 8(4) of S.R. 2009 No. 92

f6

Paragraph (1) was amended by regulation 8(7) of S.R. 2009 No. 338

f7

Regulation 149(1) was substituted in relation to certain cases by regulation 6(3)(a) of S.R. 2010 No. 347

f8

Regulation 150 was substituted in relation to certain cases by regulation 6(5) of S.R. 2010 No. 347

f9

Paragraphs 5, 6 and 7(3)(b) of Schedule 7 were amended by regulation 5(4) of S.R. 2010 No. 311

f10

Sub-paragraph (3) was inserted by regulation 9(20)(a) of S.R. 2010 No. 200