OpenLegislation

Section 2 Amount of contributory allowanceF7I1

Northern Ireland

(1)

F1The amount payable by way of an employment and support allowance in respect of a claimant shall be calculated by—

(a)

taking such amount as may be prescribed,

(b)

if in his case the conditions of entitlement to the support component F2... are satisfied, adding the amount of that component, and

C1(c)

making

F3(i)

deductions in respect of earnings calculated in the prescribed manner (which may include multiplying some or all earnings by a prescribed percentage), and

(ii)

prescribed deductions in respect of any payments to which section 3 applies.

(2)

The conditions of entitlement to the support component are—

C2C3(a)

that the assessment phase has ended,

(b)

that the claimant has limited capability for work-related activity, and

(c)

that such other conditions as may be prescribed are satisfied.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Regulations may—

(a)

prescribe circumstances in which paragraph (a) of subsection (2) F5... is not to apply;

(b)

prescribe circumstances in which entitlement under subsection (2) ... is to be backdated;

(c)

make provision about the amount of the component under subsection (2) ....

(5)

For the purposes of this Part, a person has limited capability for work-related activity if—

(a)

his capability for work-related activity is limited by his physical or mental condition, and

(b)

the limitation is such that it is not reasonable to require him to undertake such activity.

F6(6)

In subsection (1)(c)(i) the reference to earnings is to be construed in accordance with sections 3, 4 and 112 of the Contributions and Benefits Act.

Annotations

Textual amendments

F1

Words in s. 2(1) substituted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes, 1.12.2025 for specified purposes, 1.4.2026 for specified purposes, 1.10.2026 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 3 para. 19; S.R. 2016/215, art. 2(2)(c)(vi); S.R. 2017/190, art. 6 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12)); S.R. 2025/176, arts. 2, 3A, 4 (with art. 3); S.R. 2026/115, art. 2(4)

F2

Words in s. 2(1)(b) omitted (3.4.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 9(2)(a); S.R. 2017/46, art. 3 (with art. 9(4)(5))

F3

Words in s. 2(1)(c) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 5 para. 6(2); S.R. 2016/215, art. 2(2)(c)(vii)

F4

S. 2(3) omitted (3.4.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 9(2)(b); S.R. 2017/46, art. 3 (with art. 9(4)(5))

F5

Words in s. 2(4)(a)-(c) omitted (3.4.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 9(2)(c); S.R. 2017/46, art. 3 (with art. 9(4)(5))

F6

S. 2(6) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 5 para. 6(3); S.R. 2016/215, art. 2(2)(c)(vii)

F7

Word in s. 2 heading repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes, 1.12.2025 for specified purposes, 1.4.2026 for specified purposes, 1.10.2026 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12)); S.R. 2025/176, arts. 2, 3A, 4 (with art. 3); S.R. 2026/115, art. 2(4)

Modifications

C1

S. 2(1)(c) modified (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 72(1)

C2

S. 2(2)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 7(1) (subject to reg. 7(2))

C3

S. 2(2)(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), 7(1) (with s. 7(4))

Commencement

I1

S. 2 wholly in operation at 27.10.2008; s. 2 not in operation at Royal Assent see s. 60(1); s. 2(1)(a)(c)(4)(a)(c) 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; s. 2 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

Notes on Part 1

Modifications

C1

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.R.) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C2

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.R.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order (Northern Ireland) 2019 (revoked) 2019 (S.R. 2019/212), art. 2(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

C3

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.R.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order (Northern Ireland) 2019 (S.R. 2019/211), art. 2(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

C4

Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.

C5

Pt. 1 modified (coming into operation in accordance with art. 1 of the amending S.R.) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), art. 2, Sch.

C6

Pt. 1 modified (19.10.2023) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.

C7

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(f)

C8

Pt. 1 (ss. 1-29) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1

C9

Pt. 1 (ss. 1-29) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2

C10

Pt. 1 (ss. 1-29) applied (with modifications) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 123(6A)(6B) (as inserted (prosp.) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 5(1)(b), 36(2))