SCHEDULES
SCHEDULE 2EMPLOYMENT AND SUPPORT ALLOWANCE: SUPPLEMENTARY PROVISIONS
Limited capability for work
I11
Regulations may make provision—
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.
Waiting days
I2C1C2C32
Except in prescribed circumstances, a person is not entitled to an employment and support allowance in respect of a prescribed number of days at the beginning of a period of limited capability for work.
Periods of less than a week
I33
Regulations may make provision in relation to—
a
entitlement to an employment and support allowance, or
b
the amount payable by way of such an allowance,
in respect of any period of less than a week.
Linking periods
I44
1
Regulations may provide for circumstances in which a period of limited capability for work which is separated from another period of limited capability for work by not more than a prescribed length of time is to be treated for the purposes of this Part as a continuation of the earlier period.
2
Regulations may provide, in relation to periods which are linked by virtue of regulations under sub-paragraph (1), that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period.
F3Exemption
4A
Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.
Presence in Northern Ireland
I55
Regulations may make provision for the purposes of this Part as to the circumstances in which a person is to be treated as being, or not being, in Northern Ireland.
F11Contributory allowance: entitlement in case of absence from Northern Ireland
Words in Sch. 2 para. 6 heading repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018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) 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))
I66
Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to F9an employment and support allowance.
F12Contributory allowance: modification in relation to employment on ships etc.
Words in Sch. 2 para. 7 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) 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))
I77
1
Regulations may modify any provision of this Part, so far as relating to a contributory allowance, in its application to any person who is, has been, or is to be—
a
employed on board any ship, vessel, hovercraft or aircraft, or
b
outside Northern Ireland at any prescribed time or in any prescribed circumstances.
2
Regulations under this paragraph may, in particular, provide—
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 F10an employment and support allowance to be paid to such of the claimant's dependants as may be prescribed.
Effect of work
I1010
Regulations may prescribe circumstances in which a person is to be treated as not entitled to an employment and support allowance because of his doing work.
F410ZA
Regulations may for any purpose of this Part provide for—
a
circumstances in which a person is to be treated as having or not having a good reason for an act or omission;
b
matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.
F1Good F2reason for failure to comply with certain regulations
Sch. 2 para. 10A and preceding cross-heading inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 24(2), 36(1)(i)
Word in Sch. 2 para. 10A heading substituted (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 63(6)(a); S.R. 2016/215, art. 2(3)(b)
10A
1
2
The provision made by the regulations prescribing those matters must include provision relating to—
a
the person's physical or mental health or condition;
b
the availability of childcare.
F5Responsibility for children
Sch. 2 para. 10B and cross-heading inserted (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 63(7); S.R. 2016/215, art. 2(3)(b)
10B
Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child.
Treatment of allowance as “benefit”
11
Regulations may provide for—
a
an employment and support allowance,
b
F14a contributory allowance, or
c
F14an income-related allowance,
to be treated, for prescribed purposes of the Contributions and Benefits Act, as a benefit, or a benefit of a prescribed description.
Attribution of reductions in cases where allowance taken to consist of two elements
I1112
F15Where an employment and support allowance is taken by virtue of section 6(5) to consist of two elements, any reduction in the amount payable in respect of the allowance which falls to be made by virtue of—
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),
shall be treated as reducing such of those elements by such amount as may be prescribed.
Treatment of information supplied as information relating to social security
13
Information supplied in pursuance of regulations under any of sections 8 to F811K shall be taken for all purposes to be information relating to social security.
Advance claims
I1214
This Part shall have effect with prescribed modifications in relation to cases where a claim to an employment and support allowance is by virtue of regulations under section 5(1)(c) of the Administration Act (advance claims) made, or treated as if made, for a period wholly or partly after the date on which it is made.
Sch. 2 para. 4A and cross-heading inserted (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 60(6); S.R. 2016/215, art. 2(3)(b)