The Employment and Support Allowance (Consequential Provisions) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Regulations contained in this Instrument are consequential on provisions in the Welfare Reform Act 2007 (c. 5) (“the 2007 Act”). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(1) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Part 2 amends provisions which apply to both Housing Benefit and Council Tax Benefit.

Part 3 amends the Housing Benefit Regulations 2006. Regulations 5 to 10 and 13 to 24 add references to employment and support allowance.

Regulations 11 and 12 provide that the claimant’s applicable amount can include the work-related activity component or the support component. Regulation 25 provides for the personal allowance of a claimant. Regulation 31 provides for the amount of the claimant’s personal allowance; further conditions for receipt of the disability premium and the enhanced disability premium; for the conditions of entitlement for the work-related activity component and the support component and for the amount of those components.

Parts 4, 5 and 6 include provisions making similar amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

A full impact assessment has not been published for this Instrument as it has no impact on business, charities and the voluntary sector.