Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016.

(2) These Regulations come into operation on 28th November 2016 immediately after the commencement of the Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016(5).)

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2.  In regulation 3(5F)(h) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(7) (revision of decisions) omit "and (2)".

Amendment of the Housing Benefit Regulations

3.  In Schedule 4 to the Housing Benefit Regulations (Northern Ireland) 2006(8) (applicable amounts)-

(a)in paragraph 28(1)(b) for "104" substitute "12";

(b)insert "and" at the end of paragraph 28(1)(c);

(c)omit paragraph 28(1)(d); and

(d)for paragraph 29(1)(c) substitute-

"(c)at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and".

Amendment of the Employment and Support Allowance Regulations

4.-(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(9) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation) omit the definition of "work or training beneficiary".

(3) In regulation 5(2)(10) (the assessment phase – previous claimants)-

(a)in sub-paragraph (a)(i) omit "or (2)";

(b)omit sub-paragraph (b)(11); and

(c)in sub-paragraphs (c)(i) and (d)(i)(12) omit "or (2)".

(4) In regulation 7(1A)(13) (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) omit "or (2)".

(5) In regulation 145 (linking rules) omit paragraphs (2) to (5).

(6) Omit regulations-

(a)148(14) (work or training beneficiaries);

(b)149(15) (linking rules – limited capability for work); and

(c)150(16) (linking rules – limited capability for work-related activity).

(7) After paragraph 1(3) of Schedule 6(17) (housing costs) insert-

"(3A) For the purposes of this Schedule a claimant is a "work or training beneficiary" on any day in a linking term where the claimant-

(a)had limited capability for work-

(i)for more than 13 weeks in the most recent past period of limited capability for work, or

(ii)for 13 weeks or less in the most recent past period of limited capability for work where the claimant became entitled to an award of an employment and support allowance by virtue of a conversion decision which took effect from the commencement of the most recent past period of limited capability for work;

(b)ceased to be entitled to an allowance or advantage at the end of that most recent past period of limited capability for work; and

(c)became engaged in work or training within one month of so ceasing to be entitled.

(3B) A claimant is not a work or training beneficiary if-

(a)the most recent past period of limited capability for work was ended by a determination that the claimant did not have limited capability for work; and

(b)that determination was on the basis of a limited capability for work assessment.

(3C) In sub-paragraphs (3A) and (3B)-

"allowance or advantage" means any allowance or advantage under the Act or the Contributions and Benefits Act for which entitlement is dependent on limited capability for work;

"conversion decision" has the meaning given in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(18);

"linking term" means a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work;

"most recent past period of limited capability for work" means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) (linking rules); and

"work" means work other than work under regulation 45 (exempt work), for which payment is made or which is done in expectation of payment.".

Amendment of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations(Northern Ireland) 2010

5.  In regulation 21(5) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(19) (termination of transitional addition)-

(a)in sub-paragraph (a) omit "or (2)"; and

(b)in sub-paragraph (c)(20) omit "in a case to which regulation 145(1) of the Employment and Support Allowance Regulations applies (12 week linking rule),".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend a number of provisions relating to entitlement to employment and support allowance ("ESA").

They make amendments which relate to, or are consequential upon, the revocation of the linking rule in regulation 145(2) ("the old linking rule") of the Employment and Support Allowance Regulations (Northern Ireland) 2008 ("the Employment and Support Allowance Regulations"). That rule had provided that where a claimant was a work or training beneficiary, any period of limited capability for work which was separated from another such period by not more than 104 weeks was to be treated as a continuation of the earlier period.

Regulation 2 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 by removing the reference to the old linking rule from regulation 3(5F). As amended, this provision enables the Department to revise a decision where (i) a person's current period of limited capability for work is treated as a continuation of another such period under the linking rule in regulation 145(1) of the Employment and Support Allowance Regulations and (ii) regulation 7(1)(b) of the Employment and Support Allowance Regulations applies.

Regulation 3 amends Schedule 4 to the Housing Benefit Regulations (Northern Ireland) 2006 to make consequential amendments removing references to the old linking rule.

Regulation 4 amends the Employment and Support Allowance Regulations.

Paragraph (2) omits the definition of "work or training beneficiary" from regulation 2(1).

Paragraph (3) removes the references to and makes an amendment consequential upon the removal of the old linking rule, from regulation 5(2).

Paragraph (4) removes the reference to the old linking rule from regulation 7(1A).

Paragraph (5) revokes the old linking rule along with the associated linking rules in regulation 145(2) to (5).

Paragraph (6) revokes regulations 148, 149 and 150. Regulation 148 defines "work or training beneficiary" and regulations 149 and 150 provide for the treatment of work or training beneficiaries as having limited capability for work or limited capability for work-related activity respectively.

Paragraph (7) inserts a definition of "work or training beneficiary" into paragraph 1(3) of Schedule 6 as a definition of that term is still necessary for the purposes of that Schedule (which relates to housing costs).

Regulation 5 amends the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 to remove the reference to and make an amendment consequential upon the removal of the old linking rule from regulation 21(5). Regulation 21 provides for the circumstances in which a transitional addition is terminated. A transitional addition is based on the difference between specified elements of a person's existing award (of incapacity benefit, severe disablement allowance or income support on disability grounds) and specified elements of the ESA for which a claimant is entitled following their reassessment.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is forseseen.