Amendment of the Employment and Support Allowance regulations7

1

The Employment and Support Allowance Regulations (Northern Ireland) 200859 are amended in accordance with paragraphs (2) to (8).

2

In regulation 2(1) (interpretation)—

a

in the appropriate places insert—

  • child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

  • Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;

b

in the definition of “qualifying person”60 after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

3

In regulation 107(5A)61 (notional income - income due to be paid or income paid to or in respect of a third party) for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

a

a Grenfell Tower payment;

b

child abuse payment;

c

a Windrush payment.

4

For regulation 112(8)(b)62 (income treated as capital) substitute—

b

any —

i

Grenfell Tower payment;

ii

child abuse payment;

iii

Windrush payment.

5

In regulation 115(5A)63 (notional capital) for “a payment of capital which is a Grenfell Tower payment” substitute—

any of the following payments of capital—

a

a Grenfell Tower payment;

b

child abuse payment;

c

a Windrush payment.

6

In paragraph 19(8)(b)64 (non-dependant deductions) of Schedule 6 (housing costs) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

7

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

a

in paragraph 21(2)65 after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

b

in paragraph 40—

i

for sub-paragraph (1A)66 substitute—

1A

any—

a

Grenfell Tower payment;

b

child abuse payment;

c

Windrush payment.

ii

in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

8

In Schedule 9 (capital to be disregarded)—

a

in paragraph 2767

i

in sub-paragraph (1A) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

ii

in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

b

in paragraph 3168after Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.