50Dual entitlementE+W+S
(1)In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (6) there is inserted—
“(6A)In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.”
(2)In a case where—
(a)an award of an employment and support allowance is made to a person in respect of any period of time before the coming into force of subsection (1), and
(b)the person was not entitled to an employment and support allowance in relation to that period but would have been had subsection (1) been in force in relation to that period,
subsection (1) shall be regarded as having been in force in relation to that period.