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

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988

52.—(1) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “benefit”(2) after “state pension credit” insert “, an employment and support allowance”;

(b) after the definition of “disabled person’s tax credit”(3) insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”; and

(c) after the definition of “tax credit” insert—

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

(3) In regulation 2(4)()(4) (making of interim payments) after “income support” insert “or income-related employment and support allowance”.

(4) In regulation 4(3)(c)(5) (recovery of overpaid interim payments) after “income support” insert “or income-related employment and support allowance”.

(5) In regulation 5(3)(6) (offsetting prior payment against subsequent award) after “income-based jobseeker’s allowance” insert “or an income-related employment and support allowance”.

(6) In regulation 7 (duplication and prescribed income)—

(a) in paragraph (1)(a)(7) after “Part III of the State Pension Credit Regulations” insert “or Part 10 of the Employment and Support Allowance Regulations”; and

(b) in paragraph (1)(b) after “(child support maintenance)” insert “or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations (child support)”.

(7) In regulation 8 (duplication and prescribed payments)—

(a) in paragraph (1)(8), after sub-paragraph (k) add—

“(l) a contributory employment and support allowance.”; and

(b) in paragraph (2)(9) after “income-based jobseekers allowance” add “or income-related employment and support allowance”.

(8) In regulation 13(1)(b)(10) (sums to be deducted in calculating recoverable amounts) after “income-based jobseeker’s allowance” insert “or income-related employment and support allowance”.

(9) In regulation 14(11) (quarterly diminution of capital) after “or an income-based jobseeker’s allowance” each time it occurs insert “, or income-related employment and support allowance”.

(10) In regulation 15(2)(d)(12) (recovery by deduction from prescribed benefits) after “income support,” insert “an employment and support allowance,”.

(11) In regulation 16 (limitations on deductions from prescribed benefits)—

(a) in paragraph (4A)(13) after sub-paragraph (d) add—

“(e) an income-related employment and support allowance;

(f) where, if there was no entitlement to a contributory employment and support allowance, there would be entitlement to an income-related employment and support allowance at the same rate, a contributory employment and support allowance.”;

(b) in paragraph (6)(14) after sub-paragraph (c) add—

“or

(d) in the calculation of the income of a person to whom income-related employment and support allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraph 7 of Schedule 7 to the Employment and Support Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 16 and 17 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),”; and

(c) in paragraph (8)(15)—

(i) in the definition of “personal allowance for a single claimant aged not less than 25” for “either” substitute “an employment and support allowance,”; and

(ii) in the definition of “specified benefit”—

(aa) after paragraph (d) omit “and”; and

(bb) after paragraph (e) add—

“and

(f) an employment and support allowance,”.

(12) In regulation 17(16) (recovery from couples) after “income-based jobseeker’s allowance” each time it occurs insert “or income-related employment and support allowance”.

(1)

S.I. 1988/664.

(2)

Definition was amended by S.I. 1988/1725, 1989/136, 1995/829, 1996/1345 and 2002/3019.

(3)

Definition was substituted by S.I. 1999/2571.

(4)

Regulation 2 was amended by S.I. 1991/2742, 1993/650, 1996/30, 1999/3178 and 2005/337.

(5)

Paragraph (3) was amended by S.I. 1996/650.

(6)

Regulation 5 was amended by S.I. 1996/1345, 1999/2571 and 1999/3178, 2000/3120, 2002/3019, 2005/1551 and 2006/516.

(7)

Paragraph (1) was amended by S.I. 1993/650, 1996/1345 and 2002/3019.

(8)

Paragraph (1)was amended by S.I. 1991/387 and 1999/2571, 2742 and 3178, 2000/1483, 2005/337 and 3476 and by virtue of the Employment Act 1988.

(9)

Paragraph (2) was amended by S.I. 1996/1345, 1999/3178 and 2002/3019.

(10)

Paragraph (1) was amended by S.I. 1996/1345, 1999/2571 and 2002/3019.

(11)

Regulation 14 was amended by S.I. 1996/1345 and 1996/2519, 1999/2571 and 2002/3019.

(12)

Sub-paragraph (2)(d) was amended by S.I. 1996/2519 and 2002/3019.

(13)

Paragraph (4A) was inserted by S.I. 1996/2519 and amended by S.I. 2002/3019.

(14)

Paragraph (6) was amended by S.I. 1996/1345 and 2002/3019.

(15)

Paragraph (8) was amended by S.I. 2000/2336 and 2002/3019.

(16)

Regulation 17 was amended by S.I. 1996/1345, 1999/2571, 2002/3019, 2003/492 and 2005/2877.