Housing 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 .) 3 The Interpretation Act (Northern Ireland) 1954 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)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (revision of decisions) omit “and (2)”. Amendment of the Housing Benefit Regulations 3 In Schedule 4 to the Housing Benefit Regulations (Northern Ireland) 2006 (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 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) (the assessment phase – previous claimants)— a in sub-paragraph (a)(i) omit “or (2)”; b omit sub-paragraph (b) ; and c in sub-paragraphs (c)(i) and (d)(i) omit “or (2)”. 4 In regulation 7(1A) (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 (work or training beneficiaries); b 149 (linking rules – limited capability for work); and c 150 (linking rules – limited capability for work-related activity). 7 After paragraph 1(3) of Schedule 6 (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 ; “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 (termination of transitional addition)— a in sub-paragraph (a) omit “or (2)”; and b in sub-paragraph (c) omit “in a case to which regulation 145(1) of the Employment and Support Allowance Regulations applies (12 week linking rule),”. Signed by authority of the Secretary of State for Work and Pensions Priti Patel Minister of State, Department for Work and Pensions 17th March 2016