Part 2Working-age benefits

CHAPTER 4Miscellaneous

Entitlement to work

62Entitlement to work: employment and support allowance

1

The Welfare Reform Act 2007 is amended as follows.

2

In section 1 (employment and support allowance), in subsection (3), before paragraph (a) there is inserted—

za

is entitled to be in employment in the United Kingdom,

3

In that section, after subsection (3A) there is inserted—

3B

For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

a

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

b

the person has been granted such leave and—

i

the leave is not invalid,

ii

the leave has not for any reason ceased to have effect, and

iii

the leave is not subject to a condition preventing the person from accepting any employment.

4

In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by section 54 of this Act) there is inserted—

4BEntitlement to work in the United Kingdom

Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.