{
  "url": "https://openlegislation.uk/welfare-reform-act-northern-ireland-2007/schedule-1/paragraph-4",
  "json_url": "https://openlegislation.uk/welfare-reform-act-northern-ireland-2007/schedule-1/paragraph-4.json",
  "legislation": "nia/2007/2",
  "legislation_title": "Welfare Reform Act (Northern Ireland) 2007",
  "legislation_url": "https://openlegislation.uk/welfare-reform-act-northern-ireland-2007",
  "path": "schedule/1/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) The third condition is that—\n(a) the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,\n(b) he is not receiving full-time education,\n(c) he satisfies such conditions as may be prescribed with respect to residence or presence in Northern Ireland (or both), and\n(d) there has been a day in the relevant period of limited capability for work—\n(i) which was a day on which he was aged at least 16, and\n(ii) which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.\n(2) In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.\n(3) Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).\n(4) Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 1 para. 4(1)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 10(1)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Sch. 1 para. 4(1)(a) excluded (27.9.2017 and further specified dates for specified purposes) by The Employment and Support Allowance Regulations(Northern Ireland) 2016 (S.R. 2016/219), regs. 1(2), 11(1)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 4 wholly in operation at 27.10.2008; Sch. 1 para. 4 not in operation at Royal Assent see s. 60(1); Sch. 1 para. 4(1)(a)(c)(3)(4) in operation for certain purposes at 1.7.2008 and wholly in operation at 27.10.2008 by S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1; Sch. 1 para. 4 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "nia/2010/13",
      "affecting_title": "Welfare Reform Act (Northern Ireland) 2010"
    },
    {
      "type": "inserted",
      "affecting": "nia/2010/13",
      "affecting_title": "Welfare Reform Act (Northern Ireland) 2010"
    },
    {
      "type": "words substituted",
      "affecting": "nia/2010/13",
      "affecting_title": "Welfare Reform Act (Northern Ireland) 2010"
    },
    {
      "type": "words repealed",
      "affecting": "nia/2010/13",
      "affecting_title": "Welfare Reform Act (Northern Ireland) 2010"
    },
    {
      "type": "repealed",
      "affecting": "nisi/2015/2006",
      "affecting_title": "The Welfare Reform (Northern Ireland) Order 2015"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2007/2/schedule/1/paragraph/4",
    "retrieved_at": "2026-10-29T20:21:31.107511+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}