65. The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M1 are amended in accordance with this Part.
Marginal Citations
66.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ”;
(b)in the definition of “the benefit Acts” after “the Jobseekers Act” insert “ , the Welfare Reform Act ”;
(c)after the definition of “the Consequential Provisions Regulations” insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;
(d)after the definition of “employed earner” insert—
““Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”;
(e)after the definition of “an income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;
(f)[F1after the definition of “the Macfarlane Trust” insert—
““main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;”];
[F2(ff)in the definition of “qualifying contributory benefit” after sub-paragraph (b) add—
“(c)contributory employment and support allowance;”];
(g)in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
“(c)income-related employment and support allowance;”;
(h)after the definition of “water charges” insert—
““Welfare Reform Act” means the Welfare Reform Act 2007;”.
(3) After paragraph (4) insert—
“(4A) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
(a)in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
(b)which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.”.
Textual Amendments
F1Reg. 66(2)(f) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 40(a)
67. In regulation 5(2) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ”.
68. In regulation 6(6) (remunerative work) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.
69. In regulation 9(2)(a) M2 (persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.
Marginal Citations
M2Paragraph (2) was amended by S.I. 2006/716.
70. In regulation 19(5) (meaning of “income”) after sub-paragraph (c) add—
“(d)section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor's allowances) and regulations made under it.”.
71. In regulation 21 (treatment of child care charges)—
(a)in paragraph (2)—
(i)after sub-paragraph (b) insert—
“(ba)is paid an employment and support allowance;” and
(ii)in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work ”;
(b)in paragraph (3)(a) after “short-term incapacity benefit” insert “ , an employment and support allowance ”;
(c)in paragraph (11) M3—
(i)after sub-paragraph (b)—
“(ba)the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;”;
(ii)after sub-paragraph (c) insert—
“(ca)the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days ; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;”;
(iii)in sub-paragraph (d) after (vi) add—
“(vii)main phase employment and support allowance;”;
(d)after paragraph (12) insert—
“(12A) For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.”.
Marginal Citations
M3Paragraph (11) was amended by S.I. 2008/1042.
72. In regulation 38 (diminishing notional capital rule)—
(a)in paragraph (3) after sub-paragraph (d) add—
“(e)where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).”;
(b)in paragraph (4) after sub-paragraph (d) add—
“(e)if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.”; and
(c)in paragraph (8)(b)—
(i)for “and (d)” substitute “ , (d) and (e) ”; and
(ii)in paragraph (i) after “state pension credit” insert “ , an income-related employment and support allowance ”.
73. In regulation 42(8)(a) M4 (non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.
Marginal Citations
M4Paragraph (8) was amended by S.I. 2007/2868.
74. In regulation 45 (continuing payments where state pension credit is claimed)—
(a)in paragraph (1)(c)(i) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ”;
(b)in paragraph (2)(a)(ii) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ”;
(c)in paragraph (3) after “income-based jobseeker's allowance” insert “ , income-related employment and support allowance ”.
75. In regulation 53 (time and manner in which claims are to be made)—
(a)in paragraph (4) M5—
(i)in sub-paragraph (a) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ”;
(ii)in sub-paragraph (c) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ”;
Marginal Citations
M5Paragraph (4) was amended by S.I. 2006/2967 and 2007/2911.
76. In regulation 59(5) (duty to notify changes of circumstances) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.
77. in regulation 75(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add—
“(e)an employment and support allowance.”.
78. In paragraph 5(1)(a) of Schedule 2 (sums disregarded from claimant's earnings)—
(a)in paragraph (v), at the end, omit “or”;
(b)after paragraph (vi) add—
“(vii)main phase employment and support allowance; or”.
79. In Schedule 4 (capital to be disregarded)—
(a)in paragraph 21(2)—
(i)in paragraph (k) M6 omit “or”; and
(ii)after sub-paragraph (1) insert—
“or
(m)income-related employment and support allowance,”;
(b)in paragraph 22(2) after sub-paragraph (d) add—
“(e)paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,”.
Marginal Citations
M6Paragraph (k) was inserted by S.I. 2006/2502.
80. In paragraph 1of Schedule 6 (amount of alternative maximum council tax benefit) in paragraph (1) M7 in column 1 of the table—
(a)in sub-paragraph (a) after “income support” insert “ , income-related employment and support allowance ”;
(b)in sub-paragraph (b) after “income support,” insert “ income-related employment and support allowance, ”; and
(c)in sub-paragraph (c) after “state pension credit” insert “ , an income-related employment and support allowance ”.
Marginal Citations
M7Paragraph (1) was amended by S.I. 2006/588 and 2007/688.
81. In paragraph 13(e) of Schedule 7 (matters to be included in the decision notice) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.