Welfare Reform Act (Northern Ireland) 2010

Abolition of income support

Abolition of income support

9.—(1) This section applies if, whether as a result of—

(a)provision made by any regulations under Article 3A(4)(c) or (8) of the Jobseekers Order (as inserted by section 4), or

(b)provision made by or under any other statutory provision, or otherwise,

the Department considers that it is no longer appropriate for any category of person to be prescribed under section 123(1)(e) of the Contributions and Benefits Act (conditions for income support).

(2) The Department may by order provide for section 123 of the Contributions and Benefits Act (which establishes the entitlement to income support) to cease to have effect.

(3) If an order is made under subsection (2)—

(a)the amendments made by Schedule 2, and

(b)the repeals in Part 1 of Schedule 4,

have effect in accordance with provision made by the order.

(4) The Department may by order make such transitional or consequential provision or savings as the Department considers necessary or expedient for the purposes of or in connection with the abolition of income support (including provision of the kind mentioned in section 7(2)).

(5) The consequential provision that may be made by an order under subsection (4) includes, in particular, provision amending, repealing or revoking any statutory provision.

(6) Paragraphs (3) to (6) of Article 74 of the 1998 Order (regulations and orders) apply in relation to any power to make an order under this section as they apply to any power to make orders under that Order.

(7) An order under subsection (2) shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the order, but shall (without prejudice to the validity of anything done thereunder or to the making of a new order) 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 order has been approved by a resolution of the Assembly.

(8) An order under subsection (4) is (unless it has been subject to the confirmatory procedure outlined in subsection (7)) subject to negative resolution.