The Employment and Support Allowance Regulations 2008

PART 1 E+W+S Prescribed amounts

[F1 1.  X1 The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages)— E+W+S

(1)			(2)
Person or Couple			Amount
(1) Single claimant—			(1)
(a)	who satisfies the conditions set out in section 2(2) or 4(4) of the Act or who is a member of the work-related activity group;		(a)	£90.50;
(b)	aged not less than 25;		(b)	£90.50;
(c)	aged less than 25.		(c)	£71.70;
(2) Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person—			(2)
(a)	who satisfies the conditions set out in section 4(4) of the Act or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act;		(a)	£90.50;
(b)	aged not less than 18;		(b)	£90.50;
(c)	aged less than 18.		(c)	£71.70;
(3) Couple—			(3)
(a)	where both members are aged not less than 18;		(a)	£142.25;
(b)	where one member is aged not less than 18 and the other member is a person under 18 who—		(b)	£142.25;
(i)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(ii)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or
(iii)		satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(iv)		is the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(c)	where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and—		(c)	£142.25;
(i)		at least one of them is treated as responsible for a child; or
(ii)		had they not been members of a couple, each would have qualified for an income-related allowance; or
(iii)		had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(iv)		the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship);
(d)	where both members are aged less than 18 and—		(d)	£108.30;
(i)		at least one of them is treated as responsible for a child; or
(ii)		had they not been members of a couple, each would have qualified for an income-related allowance; or
(iii)		had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or
(iv)		the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship);
(e)	where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who—		(e)	£90.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(f)	where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and the claimant’s partner is a person under 18 who—		(f)	£90.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(g)	where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and paragraph (c) does not apply;		(g)	£90.50;
(h)	where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who—		(h)	£71.70;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(i)	where both members are aged less than 18 and paragraph (d) does not apply.		(i)	£71.70.]

X2 [F2 The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages)—

(1)			(2)
Person or Couple			Amount
(1) Single claimant—			(1)
(a)	who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act;		(a)	£90.50;
(b)	aged not less than 25;		(b)	£90.50;
(c)	aged less than 25.		(c)	£71.70;
(2) Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person—			(2)
(a)	who satisfies the conditions set out in section 4(4) or (5) of the Act;		(a)	£90.50;
(b)	aged not less than 18;		(b)	£90.50;
(c)	aged less than 18.		(c)	£71.70;
(3) Couple—			(3)
(a)	where both members are aged not less than 18;		(a)	£142.25;
(b)	where one member is aged not less than 18 and the other member is a person under 18 who—		(b)	£142.25;
(i)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(ii)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or
(iii)		satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(iv)		is the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(c)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and—		(c)	£142.25;
(i)		at least one of them is treated as responsible for a child; or
(ii)		had they not been members of a couple, each would have qualified for an income-related allowance; or
(iii)		had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(iv)		the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship);
(d)	where both members are aged less than 18 and—		(d)	£108.30;
(i)		at least one of them is treated as responsible for a child; or
(ii)		had they not been members of a couple, each would have qualified for an income-related allowance; or
(iii)		had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or
(iv)		the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship);
(e)	where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who—		(e)	£90.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(f)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who—		(f)	£90.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(g)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply;		(g)	£90.50;
(h)	where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who—		(h)	£71.70;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(i)	where both members are aged less than 18 and paragraph (d) does not apply.		(i)	£71.70.]

Editorial Information

X1 This version of Sch. 4 para. 1 and its table applies to cases other than those falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017.

X2 This version of Sch. 4 para. 1 and its table applies to cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017

Textual Amendments

F1 Sch. 4 Pt. 1 table substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) for specified purposes by virtue of The Social Security Benefits Up Rating Order 2024 (S.I. 2024/242), arts. 1(3)(l), 30(2), Sch. 11 para. 1

F2 Sch. 4 Pt. 1 table substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) for specified purposes by virtue of The Social Security Benefits Up Rating Order 2024 (S.I. 2024/242), arts. 1(3)(l), 30(3), Sch. 11 para. 2