Regulation 6 Amendment of the Employment and Support Allowance RegulationsI1

Northern Ireland

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008^f1 are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “mobility supplement” insert—

““Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”;

(b)

in the definition of “qualifying person”^f2 after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.

(3)

In regulation 107(5A)^f3 (notional income – income due to be paid or income paid to or in respect of a third party) after sub-paragraph (e) insert—

“(ea)

a Mother and Baby Scheme payment;”.

(4)

In regulation 112(8)(b)^f4 (income treated as capital) after head (v) insert—

“(va)

Mother and Baby Scheme payment;”.

(5)

In regulation 115(5A)^f5 (notional capital) after sub-paragraph (f) insert—

“(fa)

a Mother and Baby Scheme payment;”.

(6)

In paragraph 19(8)(b)^f6 (non-dependant deductions) of Schedule 6 (housing costs) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”.

(7)

In paragraph 40 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in sub-paragraph (1A)^f7 after head (e) insert—

“(ea)

Mother and Baby Scheme payment;”.

(b)

in each of sub-paragraphs (2) to (6)^f8 after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.

(8)

In paragraph 27 of Schedule 9 (capital to be disregarded)—

(a)

in sub-paragraph (1A)^f9 after “LGBT Financial Recognition Scheme payment” insert “, Mother and Baby Scheme payment”;

(b)

in each of sub-paragraphs (2) to (5) and (6)^f10 after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.

Annotations

Commencement

I1: Reg. 6 in operation at 30.10.2026, see reg. 1(1)

Footnotes

f1: S.R. 2008 No. 280; relevant amending Regulations are S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 No. 345, S.R. 2023 Nos. 97 and 184 and S.R. 2025 Nos. 24 and 122
f2: The definition of “qualifying person” was amended by S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 No. 345, S.R. 2023 Nos. 97 and 184 and S.R. 2025 Nos. 24 and 122
f3: Regulation 107(5A) was inserted by regulation 7(3)(d) of S.R. 2020 No. 108 and amended by S.R. 2021 No. 345, S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f4: Regulation 112(8)(b) was substituted by regulation 7(4) of S.R. 2021 No. 345 and amended by S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f5: Regulation 115(5A) was inserted by regulation 7(5)(d) of S.R. 2020 No. 108 and amended S.R. 2021 No. 345, S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f6: Paragraph 19(8)(b) was amended by S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 No. 345, S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f7: Sub-paragraph (1A) was substituted by regulation 7(7)(b)(i) of S.R. 2021 No. 345 and amended by S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f8: Sub-paragraphs (2) to (5) were amended by S.R. 2010 No. 69, S.R. 2021 No. 345 and S.R. 2023 No. 97. S.R. 2025 No. 24. Sub-paragraphs (2) to (6) were amended by S.R. 2020 No. 108 and S.R. 2025 Nos. 24 and 122.
f9: Sub-paragraph (1A) was inserted by regulation 7(12)(a)(ii) of S.R. 2020 No. 108 and amended by S.R. 2021 No. 345, S.R. 2023 No. 97 and S.R. 2025 Nos. 24 and 122
f10: Sub-paragraphs (2) to (5) were amended by S.R. 2010 No. 69, S.R. 2021 No. 345 and S.R. 2023 No. 97. Sub-paragraphs (2) to (6) were amended by S.R. 2020 No. 108 and S.R. 2025 Nos. 24 and 122