The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

Amendment of the Social Security (Credits) Regulations 1975

48.—(1) The Social Security (Credits) Regulations 1975(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “benefit”(2) after “income-based jobseeker’s allowance” insert “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(b) after the definition of “contribution-based jobseeker’s allowance”(3) insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(c) after the definition of “income-based jobseeker’s allowance” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(d) in the definition of “reckonable year”(4)—

(i) after sub-paragraph (a) omit “or”; and

(ii) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;

(e) in the definition of “relevant benefit year”(5)—

(i) after sub-paragraph (a) omit “and”; and

(ii) after sub-paragraph (b) add—

“and

(c) in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”; and

(f) after the definition of “relevant past year”(6) insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 3(1)(7) (general provisions relating to the crediting of contributions and earnings)—

(a) after sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.

(4) In regulation 8(1)(8) (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

(5) In regulation 8A(2)(c)(9) (credits for unemployment) after “incapable of work” insert “or had limited capability for work”.

(6) In regulation 8B(10) (credits for incapacity for work)—

(a) in the heading, after “incapacity for work” insert “or limited capability for work”; and

(b) in paragraph (2) after sub-paragraph (a) omit “or” and substitute—

“(aa) a week in which, in relation to the person concerned, each of the days—

(i) was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act; or

(ii) would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.

(7) In regulation 8C(1)(11) (credits on termination of bereavement benefits)—

(a) after sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (b) add—

(c) after sub-paragraph (b) add—

“or

(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.

(1)

S.I. 1975/556.

(2)

Definition inserted by S.I. 1996/2367 and amended by S.I. 2000/1483.

(3)

Definition inserted by S.I. 1996/2367.

(4)

Definition was substituted by S.I. 1996/2367 and amended by S.I. 2007/1749.

(5)

Definition was substituted by S.I. 1996/2367.

(6)

Definition was amended by S.I. 1988/1545.

(7)

Paragraph 1 was substituted by S.I. 1996/2367 and amended by S.I. 2000/1483.

(8)

Paragraph 1 was substituted by S.I. 1989/1627 and amended by S.I. 1991/387, 1995/829 and 1996/2367.

(9)

Regulation 8A was inserted by S.I. 1996/2367 and paragraph 2 was amended by S.I. 2002/490.

(10)

Regulation 8B was inserted by S.I. 1996/2367 and amended by S.I. 2003/521, 2007/1749.

(11)

Regulation 8C was inserted by S.I. 2000/1483.