Statutes of Northern Ireland

2007 Chapter 2

An Act to make provision about social security and for connected purposes.

[29th June 2007]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

(a) the first and the second conditions set out in Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in that Part of that Schedule (condition relating to youth), or

(b) the conditions set out in Part 2 of that Schedule (conditions relating to financial position).

(a) has limited capability for work,

(b) is at least 16 years old,

(c) has not reached pensionable age,

(d) is in Northern Ireland,

(e) is not entitled to income support, and

(f) is not entitled to a jobseeker's allowance (and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).

(a) his capability for work is limited by his physical or mental condition, and

(b) the limitation is such that it is not reasonable to require him to work.

"joint-claim jobseeker's allowance" means a jobseeker's allowance entitlement to which arises by virtue of Article 3(2B) of the Jobseekers Order;

"pensionable age" has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (NI 22).

"contributory allowance" means an employment and support allowance entitlement to which is based on subsection (2)(a);

"income-related allowance" means an employment and support allowance entitlement to which is based on subsection (2)(b).

(a) taking such amount as may be prescribed,

(b) if in his case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component, and

(c) making prescribed deductions in respect of any payments to which section 3 applies.

(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.

(a) that the assessment phase has ended,

(b) that the claimant does not have limited capability for work-related activity, and

(c) that such other conditions as may be prescribed are satisfied.

(a) prescribe circumstances in which paragraph (a) of subsection (2) or (3) is not to apply;

(b) prescribe circumstances in which entitlement under subsection (2) or (3) is to be backdated;

(c) make provision about the amount of the component under subsection (2) or (3).

(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.

(a) pension payments,

(b) PPF periodic payments, and

(c) payments of a prescribed description made to a person who is a member of, or has been appointed to, a prescribed body carrying out public or local functions.

(a) disapply section 2(1)(c), so far as relating to pension payments or PPF periodic payments, in relation to persons of a prescribed description;

(b) provide for pension payments or PPF periodic payments of a prescribed description to be treated for the purposes of that provision as not being payments to which this section applies;

(c) provide for sums of a prescribed description to be treated for the purposes of this section as payable to persons as pension payments or PPF periodic payments (including, in particular, sums in relation to which there is a deferred right of receipt);

(d) make provision for the method of determining how payments to which this section applies are, for the purposes of section 2, to be related to periods for which a person is entitled to a contributory allowance.

"pension payment" means-

(a) a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme,

(b) a payment of a prescribed description made under an insurance policy providing benefits in connection with physical or mental illness or disability, and

(c) such other payments as may be prescribed;

"PPF periodic payment" means-

(a) any periodic compensation payment made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 (NI 1) or section 162(2) of the Pensions Act 2004 (c. 35) (the pension compensation provisions), and

(b) any periodic payment made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.).

(a) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 (c. 1), and

(b) a substituted contract within the meaning of section 622(3) of that Act,

(a) if he has no income, the applicable amount;

(b) if he has an income, the amount by which the applicable amount exceeds his income.

(a) taking such amount, or the aggregate of such amounts, as may be prescribed, and

(b) if in the claimant's case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component.

(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.

(a) that the assessment phase has ended,

(b) that the claimant does not have limited capability for work-related activity, and

(c) that such other conditions as may be prescribed are satisfied.

(a) prescribe circumstances in which paragraph (a) of subsection (4) or (5) is not to apply;

(b) prescribe circumstances in which entitlement under subsection (4) or (5) is to be backdated;

(c) make provision about the amount of the component under subsection (4) or (5).

(a) would be entitled to an income-related allowance, but for the fact that he does not satisfy the condition in paragraph 6(1)(a) of Schedule 1,

(b) would satisfy that condition if he were entitled to the component mentioned in section 4(4) or (5), and

(c) is not entitled to a contributory allowance.

(a) in paragraph (d) (power to permit an award on a claim for benefit for a future period to be made subject to the condition that the claimant satisfies the requirements for entitlement when the benefit becomes payable under the award), there were inserted at the end "and to such other conditions as may be prescribed", and

(b) in paragraph (e) (power to provide for such an award to be revised or superseded under the 1998 Order if any of those requirements are found not to have been satisfied), for "any of those requirements" there were substituted "any of the conditions to which the award is made subject".

(a) his personal rate, and

(b) the applicable amount.

(a) his personal rate, and

(b) the amount by which the applicable amount exceeds his income.

(a) an amount equal to his personal rate, and

(b) an amount equal to the excess.

"applicable amount" means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);

"personal rate" means the amount calculated in accordance with section 2(1).

(a) provide for determination on the basis of an assessment of the person concerned;

(b) define the assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;

(c) make provision as to the manner of carrying out the assessment.

(a) as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;

(b) as to the manner in which that information or evidence is to be provided;

(c) for a person in relation to whom it falls to be determined whether he has limited capability for work to be called to attend for such medical examination as the regulations may require.

(a) for a person to be treated as not having limited capability for work if he fails without good cause-

(i) to provide information or evidence which he is required under such regulations to provide,

(ii) to provide information or evidence in the manner in which he is required under such regulations to provide it, or

(iii) to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;

(b) as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;

(c) as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.

(a) it has been determined whether he has limited capability for work, or

(b) he falls in accordance with regulations under this section to be treated as not having limited capability for work.

(a) provide for determination on the basis of an assessment of the person concerned;

(b) define the assessment by reference to such matters as the regulations may provide;

(c) make provision as to the manner of carrying out the assessment.

(a) as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;

(b) as to the manner in which that information or evidence is to be provided;

(c) for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require.

(a) for a person to be treated as not having limited capability for work-related activity if he fails without good cause-

(i) to provide information or evidence which he is required under such regulations to provide,

(ii) to provide information or evidence in the manner in which he is required under such regulations to provide it, or

(iii) to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;

(b) as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;

(c) as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.

(a) entitled to an employment and support allowance, and

(b) not a member of the support group,

(a) prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;

(b) for notifying such a person of any such requirement;

(c) prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;

(d) for the determination, and notification, of the time and place of any such assessment;

(e) prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;

(f) for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment-

(i) fails to take part in the assessment, and

(ii) does not, within a prescribed period, show that he had good cause for that failure;

(g) prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;

(h) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

(a) the amount by which an allowance is to be reduced,

(b) when the reduction is to start, and

(c) how long it is to continue,

(a) that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;

(b) that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;

(c) that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.

(a) the extent to which a person still has capability for work,

(b) the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and

(c) such other matters relating to his physical or mental condition and the likelihood of his obtaining or remaining in work or being able to do so, as may be prescribed.

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or

(d) a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.

(a) entitled to an employment and support allowance, and

(b) not a member of the support group,

(a) prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused interviews;

(b) for notifying such a person of any such requirement;

(c) prescribing the work-focused interviews in which a person who is subject to such a requirement is required to take part;

(d) for determining, in relation to work-focused interviews under the regulations, when and how the interview is to be conducted and, if it is to be conducted face to face, where it is to take place;

(e) for notifying persons who are required under the regulations to take part in a work-focused interview of what is determined in respect of the matters mentioned in paragraph (d);

(f) prescribing circumstances in which a person who is a party to a work-focused interview under the regulations is to be regarded as having, or not having, taken part in it;

(g) for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused interview-

(i) fails to take part in the interview, and

(ii) does not, within a prescribed period, show that he had good cause for that failure;

(h) prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;

(i) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

(a) the amount by which an allowance is to be reduced,

(b) when the reduction is to start, and

(c) how long it is to continue,

(a) that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused interview that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;

(b) that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;

(c) that in such circumstances as the regulations may prescribe matters mentioned in subsection (2)(d) may be redetermined.

(a) prescribing circumstances in which such a person is subject to a requirement to undertake work-related activity in accordance with regulations;

(b) for notifying such a person of any such requirement;

(c) prescribing the time or times at which a person who is subject to such a requirement is required to undertake work-related activity and the amount of work-related activity he is required at any time to undertake;

(d) prescribing circumstances in which a person who is subject to such a requirement is, or is not, to be regarded as undertaking work-related activity;

(e) for securing that the appropriate consequence follows if a person who is subject to such a requirement-

(i) fails to comply with the regulations, and

(ii) does not, within a prescribed period, show that he had good cause for that failure;

(f) prescribing the evidence which a person who is subject to such a requirement needs to provide in order to show that he has complied with the regulations;

(g) prescribing matters which are, or are not, to be taken into account in determining whether a person has complied with the regulations;

(h) prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;

(i) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

(a) the amount by which an allowance is to be reduced,

(b) when the reduction is to start, and

(c) how long it is to continue,

(a) the form of action plans;

(b) the content of action plans;

(c) the review and updating of action plans.

(a) the circumstances in which reconsideration may be requested;

(b) the period within which any reconsideration must take place;

(c) the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;

(d) notification of the decision on reconsideration;

(e) the giving of directions for the purpose of giving effect to the decision on reconsideration.

(a) is exercisable in writing, and

(b) includes power to vary or revoke a direction given in previous exercise of the power.

(a) conducting interviews under section 12;

(b) providing documents under section 14;

(c) giving, varying or revoking directions under section 15.

(a) any function under regulations under any of sections 11 to 15, except the making of a decision to which subsection (3) applies (an "excluded decision");

(b) the function under Article 10(1) of the 1998 Order (revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;

(c) the function under Article 11(1) of that Order (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Department that relate to any matter arising under such regulations;

(d) any function under Chapter 2 of Part 2 of that Order (social security decisions), except Article 25(2) and (3) (decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).

(a) a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13;

(b) a decision about whether a person had good cause for failure to comply with such a requirement;

(c) a decision about reduction of an employment and support allowance in consequence of failure to comply with such a requirement.

(a) either wholly or to such extent as the regulations may provide,

(b) either generally or in such cases or areas as the regulations may provide, and

(c) either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.

(a) either wholly or to such extent as may be specified in the authorisation,

(b) either generally or in such cases or areas as may be so specified, and

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(a) may specify its duration,

(b) may be revoked at any time by the Department, and

(c) shall not prevent the Department or any other person from exercising the function to which the authorisation relates.

(a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).

(a) a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and

(b) the authorisation is revoked at a time when a relevant contract is subsisting,

(a) a statutory provision contained in, or in regulations under, this Part; or

(b) a statutory provision contained in Chapter 2 of Part 2 of the 1998 Order,

(a) a person is to be treated as possessing capital or income which he does not possess;

(b) capital or income which a person does possess is to be disregarded;

(c) income is to be treated as capital;

(d) capital is to be treated as income.

(a) he has become someone who has limited capability for work through his own misconduct,

(b) he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or

(c) he fails without good cause to observe any prescribed rules of behaviour.

(a) matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;

(b) circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.

(a) absent from Northern Ireland; or

(b) undergoing imprisonment or detention in legal custody.

(a) regulations which are made under any provision of this Part, other than sections 3, 8 and 9;

(b) regulations which are made under the Administration Act, so far as they relate to an employment and support allowance.

(a) encourage persons to obtain or remain in work, or

(b) make it more likely that persons will obtain or remain in work or be able to do so.

(a) one or more specified areas;

(b) one or more specified classes of person;

(c) persons selected-

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(a) is a day of incapacity for work in relation to a contract of service, and

(b) falls within a period of entitlement (whether or not it is a qualifying day).

(a) an amount equal to a woman's statutory maternity pay for a period shall be deducted from a contributory allowance in respect of the same period,

(b) a woman shall only be entitled to a contributory allowance if there is a balance after the deduction, and

(c) if there is such a balance, a woman shall be entitled to a contributory allowance at a weekly rate equal to it.

(a) an amount equal to a person's statutory adoption pay for a period shall be deducted from a contributory allowance in respect of the same period,

(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and

(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.

(a) an amount equal to a person's additional statutory paternity pay for a period shall be deducted from a contributory allowance in respect of the same period,

(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and

(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.

"additional paternity pay period" has the meaning given in section 167ZEE(2) of the Contributions and Benefits Act;

"adoption pay period" has the meaning given in section 167ZN(2) of that Act;

"maternity pay period" has the meaning given in section 161(1) of that Act.

(a) provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;

(b) provision as to the enforcement of orders under the regulations;

(c) provision for the transfer by the Department of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.

"claimant" means a person who has claimed an employment and support allowance;

"contributory allowance" has the meaning given by section 1(7);

"employment" and "employed" have the meanings prescribed for the purposes of this Part;

"entitled", in relation to an employment and support allowance, is to be construed in accordance with-

(a) the provisions of this Act,

(b) section 1 of the Administration Act (entitlement dependent on making of claim), and

(c) Article 27 of the 1998 Order (restrictions on entitlement in certain cases of error);

"income-related allowance" has the meaning given by section 1(7);

"income support" means income support under section 123 of the Contributions and Benefits Act;

"limited capability for work" shall be construed in accordance with section 1(4);

"limited capability for work-related activity" shall be construed in accordance with section 2(5);

"period of limited capability for work" has the meaning prescribed for the purposes of this Part;

"prescribed" means specified in, or determined in accordance with, regulations;

"regulations" means regulations made by the Department;

"week" means a period of seven days beginning with a Sunday or such other period of seven days as may be prescribed;

"work-related activity" has the meaning given by section 13(7).

(a) beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and

(b) ending with such day as may be prescribed.

(a) by the Department may be supplied to the Department for Employment and Learning; or

(b) by the Department for Employment and Learning may be supplied to the Department,

(a) to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Department to be expedient;

(b) to provide for a person to exercise a discretion in dealing with any matter.

(a) must be laid before the Assembly after being made; and

(b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

(a) regulations under section 2(2)(c) or (3)(c) or 4(4)(c) or (5)(c);

(b) the first regulations under section 13;

(c) regulations which by virtue of section 19(1) are to have effect for a limited period.

(a) but for subsection (5), would be subject to negative resolution, and

(b) are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.

(a) in sub-paragraph (1) for "sub-paragraph (4)" substitute "sub-paragraphs (3) and (3A)";

(b) after sub-paragraph (3) insert-

(a) in paragraph (a), after "104(3)" insert ", 129B(3)";

(b) in paragraph (c), after "35A(7)," insert "129D(2),".

(a) he is also entitled to a prescribed benefit or his partner is entitled to such a benefit,

(b) he or his partner ceases to be entitled to the prescribed benefit in prescribed circumstances, and

(c) the prescribed conditions are satisfied.

(a) as having made a claim for that benefit, and

(b) as having complied with any requirement under or by virtue of any statutory provision in connection with the making of such a claim.

(a) he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and

(b) his entitlement to housing benefit ceased during the prescribed period before that time.

(a) subsection (4) of that section;

(b) any prescribed modifications of those provisions which the Department thinks are necessary or expedient in connection with such housing benefit.

(a) the Administration Act;

(b) any orders or regulations made in pursuance of that Act.

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the Department to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(a) the administration provisions, and

(b) Part 7 of the Contributions and Benefits Act, except sections 122 and 130(2) and (3).

(a) in subsection (2) after paragraph (d) add-

(b) in subsection (3) for "and (d)" substitute ", (d) and (e)".

(a) in providing, or contributing to the provision of, welfare services, or

(b) in connection with such welfare services.

(a) used by that person for another prescribed purpose;

(b) provided to another such person for use in relation to the same or another prescribed purpose.

(a) income support;

(b) income-based jobseeker's allowance;

(c) income-related employment and support allowance;

(d) state pension credit;

(e) housing benefit;

(f) welfare services.

(a) the Department;

(b) a person providing services to the Department;

(c) the Housing Executive or the Department of Finance and Personnel;

(d) a person authorised to exercise any function of the Housing Executive or that Department relating to housing benefit;

(e) a person providing to the Housing Executive or that Department services relating to housing benefit;

(f) a body established by or under a statutory provision to which any grant is or will be paid as mentioned in subsection (1);

(g) a person authorised to exercise any function of such a body relating to the grant;

(h) a person providing to such a body services relating to any such function.

(a) he provides welfare services,

(b) a body established by or under a statutory provision contributes or will contribute to the expenditure incurred by him in providing those services, and

(c) that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the body as mentioned in subsection (1).

"income-based jobseeker's allowance" has the same meaning as in the Jobseekers Order;

"income-related employment and support allowance" means an income-related allowance under Part 1;

"welfare services" includes services which provide support, assistance, advice or counselling to individuals with particular needs.

(a) which comes to him by virtue of section 39(1), (2) or (5), and

(b) which relates to a particular person.

(a) a person mentioned in section 39(4)(f) to (h);

(b) a person who provides qualifying welfare services (within the meaning of section 39(6));

(c) a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person mentioned in paragraph (a) or (b);

(d) a person who is or has been an employee of a person mentioned in paragraph (a) or (b).

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(a) in subsection (2) at the end add "or for the purposes of anything the Housing Executive is permitted to do in relation to any other benefit by virtue of section 104A or 110A above";

(b) in subsection (3)(a) for "offences relating to housing benefit" substitute "benefit offences (within the meaning of Part 6 above)".

(a) in subsection (1), for "benefit administration information" substitute "relevant benefit information";

(b) in subsection (2A), after "subsection (2)" insert ", in addition to any other purpose for which the information may be used,";

(c) for subsection (4) substitute-

(d) in subsection (5), in each place where it occurs, for "housing benefit" substitute "any relevant social security benefit";

(e) in subsection (6), after the definition of "private pensions policy" insert-

(a) in paragraph (b) (duty to have regard to criteria specified in paragraphs (b) to (e) of subsection (1)), for "(b) to (e)" substitute "(b), (d) and (e)", and

(b) the words following paragraph (b) (which enable the Department to give directions about cases in which the applicant's personal circumstances would preclude the award of a budgeting loan) cease to have effect.

(a) for paragraph (a) substitute-

(b) in paragraph (b) (power to allocate different amounts for different purposes), for "different purposes" substitute "payments of different descriptions"; and

(c) in paragraph (d) (additional allocations), omit the words from "to the same officer" to the end.

"the 1998 Order" means the Social Security (Northern Ireland) Order 1998 (NI 10);

"the 2000 Act" means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);

"the Administration Act" means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);

"the Contributions and Benefits Act" means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

"the Department" (except in section 16) means the Department for Social Development;

"the Housing Executive" means the Northern Ireland Housing Executive;

"the Jobseekers Order" means the Jobseekers (Northern Ireland) Order 1995 (NI 15);

"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(a) section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents by post) omit the word "registering";

(b) section 39(2) of that Act (time beginning on a particular day), omit the word "not".

(a) sections 38(2), 41, 50, 51, 53, 55, 57, 59, this section and section 61;

(b) paragraphs 1 and 5 of Schedule 5 and section 37 so far as relating thereto;

(c) paragraphs 1(1) and (3), 2 and 4 of Schedule 7 and section 56 so far as relating thereto;

(d) Schedule 8, so far as relating to-

(i) section 136(1A) of the Contributions and Benefits Act;

(ii) section 69(5), 69ZA and 147(3) of the Administration Act; and

(iii) Article 38(7)(a) of, and paragraph 62(2) of Schedule 6 to, the 1998 Order,

and section 58 so far as relating thereto.

(a) the claimant has actually paid Class 1 or Class 2 contributions in respect of one of the last three complete tax years ("the base tax year") before the beginning of the relevant benefit year,

(b) those contributions must have been paid before the relevant benefit week, and

(c) the earnings factor derived as mentioned in sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 25.

(a) from so much of his earnings as did not exceed the base tax year's upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid, and

(b) from Class 2 contributions.

(a) provide for the condition set out in sub-paragraph (1) to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time;

(b) with a view to securing any relaxation of the requirements of that condition in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.

(a) any benefit within the meaning of section 121(1) of the Contributions and Benefits Act,

(b) any benefit under Parts 7 to 12 of that Act,

(c) credits under regulations under section 22(5) of that Act,

(d) a contributory allowance, and

(e) working tax credit.

(a) the claimant has in respect of the last two complete tax years before the beginning of the relevant benefit year either paid or been credited with Class 1 or Class 2 contributions or been credited with earnings, and

(b) the earnings factor derived as mentioned in sub-paragraph (2) must be not less in each of those years than the year's lower earnings limit multiplied by 50.

(a) from so much of his earnings as did not exceed the upper earnings limit for the year and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited, and

(b) from Class 2 contributions.

(a) "benefit year" means a period which is a benefit year for the purposes of Part 2 of the Contributions and Benefits Act or such other period as may be prescribed for the purposes of this Part of this Schedule;

(b) "Class 1 contributions", "Class 2 contributions" and "primary Class 1 contributions" have the same meaning as in the Contributions and Benefits Act (see section 1 of that Act);

(c) "earnings" shall be construed in accordance with sections 3, 4 and 112 of that Act;

(d) "earnings factor" shall be construed in accordance with sections 22 and 23 of that Act;

(e) "lower earnings limit" and "upper earnings limit" shall be construed in accordance with section 5 of that Act and references to the lower or upper earnings limit of a tax year are to whatever is (or was) the limit in force for that year under that section;

(f) "relevant benefit year" is the benefit year which includes the beginning of the period of limited capability for work which includes the relevant benefit week;

(g) "tax year" means the 12 months beginning with 6th April in any year.

(a) a person who has previously ceased to be entitled to a contributory allowance;

(b) a person who has made a claim for an employment and support allowance in connection with which he failed to satisfy one or both of the conditions in paragraphs 1 and 2.

(a) the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,

(b) he is not receiving full-time education,

(c) he satisfies such conditions as may be prescribed with respect to residence or presence in Northern Ireland (or both), and

(d) there has been a day in the relevant period of limited capability for work-

(i) which was a day on which he was aged at least 16, and

(ii) which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.

(a) has an income which does not exceed the applicable amount or has no income;

(b) does not have capital which, or a prescribed part of which, exceeds the prescribed amount;

(c) is not entitled to state pension credit;

(d) is not a member of a couple the other member of which is entitled to an income-related allowance, state pension credit, income support or an income-based jobseeker's allowance;

(e) is not engaged in remunerative work;

(f) is not a member of a couple the other member of which is engaged in remunerative work;

(g) is not receiving education.

(a) a person who is not engaged in remunerative work is to be treated as engaged in remunerative work, or

(b) a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

(a) make provision about when, for the purposes of sub-paragraph (1)(g), a person is, or is not, to be treated as receiving education;

(b) prescribe circumstances in which sub-paragraph (1)(g) does not apply.

"applicable amount" means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);

"couple" means-

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other, but are living together as husband and wife otherwise than in prescribed circumstances;

(c) two people of the same sex who are civil partners of each other and are members of the same household; or

(d) two people of the same sex who are not civil partners of each other, but are living together as if they were civil partners otherwise than in prescribed circumstances;

"education" has such meaning as may be prescribed;

"income-based jobseeker's allowance" has the same meaning as in the Jobseekers Order;

"remunerative work" has such meaning as may be prescribed.

(a) the claimant is a husband or wife by virtue of a marriage entered into under a law which permits polygamy,

(b) either party to the marriage has for the time being any spouse additional to the other party, and

(c) the claimant, the other party to the marriage and the additional spouse are members of the same household.

(a) for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work;

(b) for the question of whether a person has limited capability for work to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work;

(c) for the question of whether a person has limited capability for work to be determined afresh in prescribed circumstances.

(a) entitlement to an employment and support allowance, or

(b) the amount payable by way of such an allowance,

(a) employed on board any ship, vessel, hovercraft or aircraft, or

(b) outside Northern Ireland at any prescribed time or in any prescribed circumstances.

(a) for any provision of this Part to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply;

(c) for the taking of evidence, in a country or territory outside Northern Ireland, by a consular official or other prescribed person;

(d) for enabling the whole, or any part, of a contributory allowance to be paid to such of the claimant's dependants as may be prescribed.

(a) for any provision of this Part to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply.

(a) for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work-related activity;

(b) for the question of whether a person has limited capability for work-related activity to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work-related activity;

(c) for the question of whether a person has limited capability for work-related activity to be determined afresh in prescribed circumstances.

(a) an employment and support allowance,

(b) a contributory allowance, or

(c) an income-related allowance,

(a) section 11,

(b) section 12,

(c) section 13, or

(d) section 2AA of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner),

(a) in subsection (2) (purposes for which a person may be treated as having annual earnings factors), in paragraph (a), after "jobseeker's allowance" insert ", to a contributory employment and support allowance";

(b) in subsection (5) (power to provide for crediting earnings or Class 2 contributions), after "jobseeker's allowance" insert ", to a contributory employment and support allowance".

(a) in subsection (1) (definition of "qualifying benefit"), after paragraph (b) insert-

(b) in subsection (2), after the definition of "the qualifying age for state pension credit" insert-

(a) in subsection (1) (cases in which section applies), for "or an income-based jobseeker's allowance", in each place, substitute ", an income-based jobseeker's allowance or an income-related employment and support allowance";

(b) in subsection (4), in the definition of "qualifying associate", for "or state pension credit" substitute ", state pension credit or an income-related employment and support allowance" and for "or the State Pension Credit Act (Northern Ireland) 2002" substitute ", the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007";

(c) in that subsection, in the definition of "relevant benefits", after paragraph (c) add-

(a) in subsection (1), after "contribution-based jobseeker's allowance" insert "or a contributory employment and support allowance";

(b) in subsection (4), after paragraph (b) add"or

(a) in subsections (1)(b) and (2)(b), for "or state pension credit" substitute ", state pension credit or an income-related employment and support allowance";

(b) in subsection (3)(b), for "or an income-based jobseeker's allowance", in each place, substitute ", an income-based jobseeker's allowance or an income-related employment and support allowance".

(a) in subsection (1)(b), for "or an income-based jobseeker's allowance" substitute ", an income-based jobseeker's allowance or an income-related employment and support allowance";

(b) in subsection (4), after "an income-based jobseeker's allowance" insert "or an income-related employment and support allowance".

(a) before "or" at the end of subsection (1)(b)(iii) insert-

(b) in subsection (6), in the definition of "component", at the end add-

(a) in subsection (3)(a), after "the State Pension Credit Act (Northern Ireland) 2002" insert ", Part 1 of the Welfare Reform Act (Northern Ireland) 2007";

(b) in subsection (4), after paragraph (ac) insert"and

(c) in subsection (5), after paragraph (ab) insert-

(a) in the definition of "benefit", for "and state pension credit" substitute ", state pension credit and an employment and support allowance";

(b) after the definition of "the Contributions and Benefits Act" insert-

(c) after the definition of "income-related benefit" insert-

(a) in paragraph (2), after the definition of "income-based jobseeker's allowance" insert-

(b) in paragraph (3), for "capable of work" substitute "limited capability for work".

(a) in sub-paragraph (b), for "or state pension credit" substitute ", state pension credit or an income-related employment and support allowance";

(b) after sub-paragraph (dd) insert-

(a) in paragraphs (3)(a) and (c) and (4)(cc) and (e), for "or income support" substitute ", income support or income-related employment and support allowance";

(b) in paragraph (3)(b), for "either benefit" substitute "jobseeker's allowance, income support or income-related employment and support allowance".

(a) in paragraph (3) (meaning of "relevant benefit"), after paragraph (b) insert-

(b) in paragraph (4) (definition of "relevant statutory provision"), for "or the State Pension Credit Act (Northern Ireland) 2002" substitute ", the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.".

(a) after paragraph (dd) insert-

(b) in paragraph (e), for "to (dd)" substitute "to (de)".

(a) in the definition of "disqualifying benefit", after paragraph (aa) insert-

(b) in the definition of "sanctionable benefit", after paragraph (aa) insert-

(a) in connection with the coming into operation of any provision of, or repeal relating to, this Part, or

(b) otherwise for the purposes of, or in connection with, the transition to employment and support allowance.

(a) make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance;

(b) make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day.

(a) make provision excluding the making of a claim for incapacity benefit or severe disablement allowance on or after the appointed day;

(b) make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made on or after the appointed day to be treated in prescribed circumstances as a claim for an employment and support allowance;

(c) make provision for a claim for an employment and support allowance to be treated wholly or partly as a claim for incapacity benefit, income support or severe disablement allowance;

(d) make provision excluding the making of a claim for an employment and support allowance by a person who is entitled to an existing award.

(a) make provision for an employment and support allowance of such a kind as the regulations may provide to be awarded in prescribed circumstances for a period before the appointed day;

(b) make provision with respect to conditions of entitlement in relation to an award under sub-paragraph (a) and the amount payable by way of an allowance under such an award.

(a) it is made in pursuance of a claim by a person who was previously entitled to an existing award, and

(b) had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him ("the hypothetical award") would have been made on the basis of the linking of periods of incapacity for work.

(a) make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the hypothetical award;

(b) make provision for the modification of matched awards for the purpose of securing that the person with the award is put in the position he would have been had he been made the hypothetical award which was then the subject of conversion under paragraph 7.

(a) it is made in pursuance of a claim by a person who was previously entitled to an existing award,

(b) had he continued to be entitled to that award, it would have been the subject of conversion under paragraph 7 before the date of his claim for an employment and support allowance, and

(c) had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him would have been made on the basis of the linking of periods of incapacity for work.

(a) make provision for converting existing awards into awards of an employment and support allowance, and with respect to the terms of conversion;

(b) make provision for the termination of existing awards in prescribed circumstances.

(a) make provision for conversion of an existing award-

(i) on application, in accordance with the regulations, by the person entitled to the award, or

(ii) without application;

(b) make provision about the conditions to be satisfied in relation to an application for conversion;

(c) make provision about the timing of conversion;

(d) provide for an existing award to have effect after conversion as an award of an employment and support allowance-

(i) of such a kind,

(ii) for such period,

(iii) of such an amount, and

(iv) subject to such conditions,

as the regulations may provide;

(e) make provision for determining in connection with conversion of an existing award whether a person has limited capability for work-related activity.

(a) make provision for a person's continuing entitlement to an employment and support allowance awarded by virtue of regulations under paragraph 7 (a "transitional allowance") to be determined by reference to such provision as may be made by the regulations;

(b) make provision for the review of an award of a transitional allowance;

(c) make provision for the termination of an award of a transitional allowance;

(d) make provision for this Part, or any other statutory provision relating to social security, to have effect with prescribed modifications in relation to a person with a transitional allowance;

(e) make provision for the purpose of enabling a transitional allowance to be revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order.

(a) incapacity benefit under section 30A of the Contributions and Benefits Act, or

(b) severe disablement allowance,

"appointed day" means the day appointed for the coming into operation of section 1;

"existing award" means-

(a) an award of incapacity benefit,

(b) an award of severe disablement allowance, and

(c) an award of income support made to a person to whom regulation 6(4)(a) or 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987 (SR 1987/459) (persons incapable of work or disabled) applies;

"incapacity benefit" (except in paragraph 10(a)) means-

(a) incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act;

(b) long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (SR 1995/35) (former sickness benefit); and

(c) invalidity benefit which has effect by virtue of regulation 17(1) of those regulations as if it were long-term incapacity benefit;

"income support" means income support under section 123 of the Contributions and Benefits Act;

"severe disablement allowance" means severe disablement allowance under section 68 of that Act (as it has effect by virtue of Article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (SR 2000/332));

"transitional allowance" has the meaning given by paragraph 8(a).

(a) for "section 128D(3)" substitute "section 128D(3A) or (3B)";

(b) after paragraph (a) insert-

(c) in paragraph (b) after "those standards" insert "or take that action".

(a) for "section 128D(3)" substitute "section 128D(3A) or (3B)";

(b) after paragraph (a) insert-

(c) in paragraph (b) after "those standards" insert "or take that action".

(a) in paragraph (a) after "the standards" insert "or taken the action";

(b) in paragraph (b) after "those standards" insert "or take that action".