Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 200828

1

The Employment and Support Allowance Regulations (Northern Ireland) 200889 are amended as follows.

2

In regulation 2(1) (interpretation) after the definition of “the Armed Forces and Reserve Forces Compensation Scheme” insert—

  • “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

3

In regulation 18 (circumstances in which the condition that the claimant is not receiving education does not apply) after “entitled to” insert “armed forces independence payment or”.

4

In regulation 158(3) (meaning of “person in hardship”)—

a

in sub-paragraph (b) after “awarded” insert “armed forces independence payment,”;

b

in sub-paragraph (c) for “claimed either” substitute “claimed armed forces independence payment,”;

c

in sub-paragraph (d)(i) after “awarded” insert “armed forces independence payment,”; and

d

in sub-paragraph (d)(ii) for “claimed either” substitute “claimed armed forces independence payment,”.

5

In Schedule 4 (amounts)—

a

in paragraph 4(2) (premiums) after “remains in receipt of” insert “armed forces independence payment,”;

b

in paragraph 6 (severe disability premium)—

i

in sub-paragraph (2)(a)(i)90 after “in receipt of” insert “armed forces independence payment,”;

ii

in sub-paragraph (2)(b)(i)91 after “in receipt of” insert “armed forces independence payment,”;

iii

in sub-paragraph (2)(b)(ii) after “in receipt of” each place it appears insert “armed forces independence payment,”; and

iv

in sub-paragraph (4)(a) after “receiving” insert “armed forces independence payment,”;

c

in paragraph 7(1) (enhanced disability premium)—

i

omit “or” after paragraph (a); and

ii

after paragraph (a) insert—

aa

armed forces independence payment in respect of—

i

the claimant, or

ii

the claimant’s partner (if any) who is aged less than the qualifying age for state pension credit; or

6

In Schedule 6 (housing costs)—

a

in paragraph 15(11)(b) (linking rules)92 after “in receipt of” insert “armed forces independence payment or”; and

b

in paragraph 19 (non-dependant deductions)—

i

in sub-paragraph (6)(b) before sub-paragraph (i) insert—

zi

armed forces independence payment,

ii

in sub-paragraph (8)(a) after “any” insert “armed forces independence payment,”.

7

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 61 insert—

62

Any armed forces independence payment.