The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

CHAPTER 5 Miscellaneous Amendments

Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974

64.—(1) The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 M1 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Industrial Injuries Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”; and

(b) after the definition of “appropriate weekly rate” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 3 M2 (modifications, etc.)—

(a) in the heading after “short-term incapacity benefit” insert “ , contributory employment and support allowance ”;

(b) in paragraph (1)—

(i) in sub-paragraph (a) after “the Act” add “ or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the first condition referred to in paragraph 1(1) of Schedule 1 to the Welfare Reform Act ”; and

(ii) in sub-paragraph (b) after “the Act” insert “ or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the second condition referred to in paragraph 2(1) of Schedule 1 to the Welfare Reform Act ”; and

(c) in paragraph (5) after “short-term incapacity benefit” each time it appears insert “ , contributory employment and support allowance ”.

Marginal Citations

M1 S.I. 1974/2010.

M2 Regulation 3 was amended by S.I. 1978/508, 1989/893, 1995/829 and 1996/1345.

Amendment of the Social Security (Airmen's Benefits) Regulations 1975

65.—(1) The Social Security (Airmen's Benefits) Regulations 1975 M3 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Act” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 2 M4 (removal of disqualification etc.)

(a) in paragraph (1)—

(i) after “of the Act” insert “ or section 18(1) of the Welfare Reform Act ”; and

(ii) after “incapacity benefit” insert “ , employment and support allowance ”.

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “ , employment and support allowance ”; and

(ii) after “incapable of work” insert “ or to have limited capability for work as defined in section 1(4) of the Welfare Reform Act ”.

(4) In regulation 3 M5 (application of the Act and regulations) after “thereunder” the second time it occurs insert “ and Part 1 of the Welfare Reform Act and regulations made under it ”.

Marginal Citations

M3 S.I. 1975/494.

M4 Regulation 2 was amended by S.I. 1984/1303 and 1995/829.

M5 Regulation 3 was amended by S.I. 1996/1345.

Amendment of the Social Security (Benefit) (Members of the Forces) Regulations 1975

66.  In regulation 2 (unemployment etc.) of the Social Security (Benefit) (Members of the Forces) Regulations 1975 M6 after “jobseeker's allowance” insert “ , an employment and support allowance ”.

Marginal Citations

M6 S.I. 1975/493. Regulation 2 was amended by S.I. 1984/1303 and 1996/1345.

Amendment of the Social Security (Mariners' Benefits) Regulations 1975

67.—(1) The Social Security (Mariners' Benefits) Regulations 1975 M7 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)——

(a) after the definition of “Contributions Regulations” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”; and

(b) after the definition of “on-shore share fisherman” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 4 (removal of disqualification etc.)—

(a) after “of the Act” insert “ or section 18(1) of the Welfare Reform Act 2007, ”; and

(b) after “incapacity benefit” each time it occurs insert “ , contributory employment and support allowance ”;

(4) In regulation 5 (evidence of unemployment or incapacity)—

(a) in the heading for “or incapacity” substitute “ , incapacity for work or limited capability for work ”; and

(b) after “incapacity benefit” insert “ , contributory employment and support allowance ”.

(5) In regulation 6 (special provisions etc.)—

(a) in the heading for “or incapacity for work” substitute “ , incapacity for work or limited capability for work ”;

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “ , contributory employment and support allowance ”; and

(ii) after “incapable of work” insert “ or as having limited capability for work as defined in section 1(4) of the Welfare Reform Act ”.

Marginal Citations

M7 S.I. 1975/529.

Amendment of the Social Security (Medical Evidence) Regulations 1976

68.—(1) The Social Security (Medical Evidence) Regulations 1976 M8 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after the definition of “the Contributions and Benefits Act”M9 insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act 2007;

“limited capability for work assessment” means the assessment of whether a person has limited capability for work as set out in regulation 19(2) of, and in Schedule 2 to, the Employment and Support Allowance Regulations;”.

(3) In regulation 2 (evidence of incapacity for work and confinement)—

(a) in the heading, after “incapacity for work” insert “ , limited capability for work ”;

(b) in paragraph (1) M10 —

(i) after “incapable of work” insert “ or having limited capability for work ”;

(ii) after “personal capability assessment” each time it occurs insert “ or the limited capability for work assessment ”;

(iii) after “evidence of such incapacity” insert “ or limited capability for work ”; and

(iv) in sub-paragraph (c) after “incapable of work” insert “ or whether a person has or does not have limited capability for work ”; and

(c) in paragraph (2) M11 after “personal capability assessment” insert “ or the limited capability for work assessment ”.

(4) In regulation 5 M12 (self-certificate for first 7 days of a spell of incapacity for work)—

(a) in the heading after “incapacity for work” insert “ or limited capability for work ”;

(b) in paragraph (1)—

(i) after “incapacity” insert “ or limited capability for work ”;

(ii) after sub-paragraph (a) omit “or”;

(iii) after sub-paragraph (b) insert—

“(c) for a period of limited capability for work which lasts less than 8 days; or

(d) in respect of any of the first 7 days of a longer period of limited capability for work,”; and

(c) in paragraph (2) for the definition of “self-certificate” substitute—

““self-certificate” means either—

(i)

a declaration made by the claimant in writing, on a form approved for the purpose by the Secretary of State; or

(ii)

where the claimant has made a claim for employment and support allowance in accordance with regulation 4G of the Social Security (Claims and Payments) Regulations 1987, an oral declaration by the claimant,

that the claimant has been unfit for work from a date or for a period specified in the declaration and may include a statement that the claimant expects to continue to be unfit for work on days subsequent to the date on which it is made;.”.

Marginal Citations

M8 S.I. 1976/615.

M9 Definition was inserted by S.I. 1994/2975.

M10 Paragraph (1) was amended by S.I. 1982/699, 1992/247, 1994/2975, 1995/987 and 2000/590.

M11 Paragraph (2) was amended by S.I. 1994/2975 and 1999/3190.

M12 Regulation 5 was inserted by S.I. 1982/699 and amended by S.I. 1994/2975.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

69.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 M13 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) after the definition of “the Disability Living Allowance Regulations” insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”; and

(b) after the definition of “the Severe Disablement Allowance Regulations” add—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).”

(3) In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 M14 )—

(a) in paragraph (1) after “Benefits Acts” insert “ income-related employment and support allowance, ”;

(b) in paragraph (4)(a) after “Benefits Act,” insert “ or income-related employment and support allowance, ”; and

(c) in paragraph (5) after “Jobseeker's Allowance Regulations (urgent cases) insert “ , to employment and support allowance by virtue of regulation 162 of the Employment and Support Allowance Regulations (urgent cases) ”;

(4) In regulation 12 (transitional arrangements and savings) in paragraph (3) after “Income Support Regulations” insert “ , regulation 162 of the Employment and Support Allowance Regulations ”.

(5) In the heading to Part 1 of the Schedule (persons not excluded from certain benefits etc.) after “Income Support,” insert “ Income-Related Employment and Support Allowance, ”.

Marginal Citations

M13 S.I. 2000/636

M14 1999 C. 33.

Amendment of the Children (Leaving Care) Social Security Benefits Regulations 2001

70.  In regulation 2(1) of the Children (Leaving Care) Social Security Benefits Regulations 2001 M15 (entitlement to benefits) for “or income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”.

Marginal Citations

M15 S.I. 2001/3074.

Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

71.—(1) In regulation 11(4) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 M16 (failure to take part in an interview) after sub-paragraph (a) insert—

“(aa) an income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.

Marginal Citations

M16 S.I. 2003/1886.

Amendment of the Age-Related Payments Regulations 2005

72.  In regulation 2(3)(a) of the Age-Related Payments Regulations 2005 M17 (entitlement: basic cases) for “or income support” substitute “ , income support or income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007 ”.

Marginal Citations

M17 S.I. 2005/1983.