# The Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008

S.R. 2008/276 · made 30 June 2008

This Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—sections 32 to 34 (housing benefit for persons taking up employment), for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 6th October 2008; andin relation to employment and support allowance—sections 25(1) and (2), 26(1) and 28(2), paragraphs 4(1), (2) and (28) and 10(1), (3) and (6) of Schedule 3 (consequential amendments relating to Part 1) and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 (transition relating to Part 1), and sections 28(1) and 29 in so far as relating to those paragraphs, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th July 2008;paragraph 10(2) of Schedule 3 and paragraphs 1(2) and 11 of Schedule 4 and sections 28(1) and 29 in so far as relating to those paragraphs, on 27th July 2008;the provisions specified in Part 1 of the Schedule, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th October 2008; andthe provisions specified in Part 2 of the Schedule, on 27th October 2008.

Made under: Welfare Reform Act (Northern Ireland) 2007 (Section 60)

PDFs: Printed copy https://openlegislation.uk/welfare-reform-2007-act-commencement-no-5-order-northern-ireland-2008/pdf/nisr_20080276_en.pdf

## Introductory text

Social Security
Made 30th June 2008
The Department for Social Development makes the following Order in exercise of the powers conferred by section 60(1) of the Welfare Reform Act (Northern Ireland) 2007.

## 1 Citation and interpretation

(1) This Order may be cited as the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008.
(2) In this Order any reference to a numbered Part, section or Schedule is to the Part or section of, or Schedule to, the Welfare Reform Act (Northern Ireland) 2007 bearing that number.

## 2 Appointed days

(1) The day appointed for the coming into operation of sections 32 to 34 (housing benefit for persons taking up employment, supplemental and interpretation)—
(a) for the purpose only of authorising the making of regulations, is 1st July 2008; and
(b) for all other purposes, is 6th October 2008.
(2) The day appointed for the coming into operation of—
(a) sections 25(1) and (2), 26(1) and 28(2) (regulations, Assembly control and power to make consequential amendments), paragraphs 4(1), (2) and (28) and 10(1), (3) and (6) of Schedule 3 (consequential amendments relating to Part 1) and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 (transition relating to Part 1) and sections 28(1) and 29 in so far as relating to those paragraphs—
(i) for the purpose only of authorising the making of regulations, is 1st July 2008, and
(ii) for all other purposes, is 27th July 2008;
(b) paragraph 10(2) of Schedule 3 and paragraphs 1(2) and 11 of Schedule 4 and sections 28(1) and 29 in so far as relating to those paragraphs, is 27th July 2008;
(c) the provisions specified in Part 1 of the Schedule—
(i) for the purpose only of authorising the making of regulations, is 1st July 2008, and
(ii) for all other purposes, is 27th October 2008; and
(d) the provisions specified in Part 2 of the Schedule, is 27th October 2008.

## Signature

Sealed with the Official Seal of the Department for Social Development on 30th June 2008
(L.S.)
John O’Neill
A senior officer of the Department for Social Development

## 1 PROVISIONS COMING INTO OPERATION ON 1st JULY 2008 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS, AND ON 27th OCTOBER 2008 FOR ALL OTHER PURPOSES

Provisions
Subject Matter
Section 2(1)(a) and (c) and (4)(a) and (c)
Amount of contributory allowance
Section 3(1)(c) and (2)(b) and (d) and (3) (for the purposes of prescribing a payment under paragraph (b) of the definition of “pension payment”)
Deductions from contributory allowance: supplementary
Section 4(2)(a), (3) and (6)(a) and (c)
Amount of income-related allowance
Section 5(2) and (3)
Advance award of income-related allowance
Section 8 (except subsection (4)(c))
Limited capability for work
Section 9 (except subsection (4)(c))
Limited capability for work-related activity
Section 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c)
Work-focused health-related assessments
Section 12 (except subsection (2)(i))
Work-focused interviews
Section 14(1) and (2)(a) and (b)
Action plans in connection with work-focused interviews
Section 16(2)(a) and (4)
Contracting out
Section 17
Income and capital: general
Section 18(1), (2) and (4)
Disqualification
Section 20(2) to (7)
Relationship with statutory payments
Section 23(1) and (3)
Recovery of sums in respect of maintenance
Section 24(1) (for the purpose of defining “employment”, “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”) and (2)(b) and (3)
Interpretation, etc. of Part 1
Schedule 1, paragraphs 1(4), 3(2), 4(1)(a) and (c), (3) and (4) and 6(1)(b), (2) to (4), (5) (for the purposes of the meaning of “couple”, “education” and “remunerative work”), (7) and (8) and section 1 in so far as it relates to those paragraphs
Employment and support allowance: additional conditions
Schedule 2, paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 and section 22 in so far as it relates to those paragraphs
Employment and support allowance: supplementary provisions
Schedule 3, paragraphs 2(1) and (8), 3(1), (3)(b) and (4), 4(3) to (8) and (11), 6(1) and (2), 9, 10(7), 12, 13 and 14(1) to (5) and (8) and section 28(1) in so far as it relates to those paragraphs
Consequential amendments relating to Part 1

## 2 PROVISIONS COMING INTO OPERATION ON 27th OCTOBER 2008

Provisions
Subject Matter
Part 1 (except sections 13, 15, 28(1) (in so far as it relates to paragraphs 2(3) to (7) and 3(5) and (12) of Schedule 3) and 29 (in so far as it relates to paragraphs 3(a) and 4 to 10 of Schedule 4)), in so far as not already in operation
Employment and support allowance
Schedules 1 and 2, in so far as not already in operation
Employment and support allowance: additional conditions and supplementary provisions
Schedule 3, paragraphs 1, 2(2), 3 (except sub-paragraphs (5) and (12)), 4 to 8, 10, 11 and 14, in so far as it is not already in operation
Consequential amendments relating to Part 1
Schedule 7 and section 56, in so far as not already in operation
Minor and consequential amendments relating to Part 4
The repeals in Schedule 8 relating to—
Repeals
sections 6A(3) and 123(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
section 71(4) of the Social Security Administration (Northern Ireland) Act 1992;
paragraphs 3, 23(2), 36(2), 52(3), (4) and (5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995;
Articles 4(2) and 28(3) of, paragraph 6(b) of Schedule 2 to, and paragraph 3 of Schedule 3 to, the Social Security (Northern Ireland) Order 1998; and
Article 69(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999,
and section 58 in so far as it relates to those repeals

## Explanatory note

(This note is not part of the Order)
This Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—
sections 32 to 34 (housing benefit for persons taking up employment), for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 6th October 2008; and
in relation to employment and support allowance—
sections 25(1) and (2), 26(1) and 28(2), paragraphs 4(1), (2) and (28) and 10(1), (3) and (6) of Schedule 3 (consequential amendments relating to Part 1) and paragraphs 1(1), 2 and 3(b) to (d) of Schedule 4 (transition relating to Part 1), and sections 28(1) and 29 in so far as relating to those paragraphs, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th July 2008;
paragraph 10(2) of Schedule 3 and paragraphs 1(2) and 11 of Schedule 4 and sections 28(1) and 29 in so far as relating to those paragraphs, on 27th July 2008;
the provisions specified in Part 1 of the Schedule, for the purpose only of authorising the making of regulations, on 1st July 2008 and for all other purposes on 27th October 2008; and
the provisions specified in Part 2 of the Schedule, on 27th October 2008.

---
Source: https://www.legislation.gov.uk/nisr/2008/276 (the official version)
Page: https://openlegislation.uk/welfare-reform-2007-act-commencement-no-5-order-northern-ireland-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.