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

Amendment of regulation 1

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

(a) in paragraph (a) of the definition of “claimant”(1) for “or section 17(1) of the State Pension Credit Act” substitute “, section 17(1) of the State Pension Credit Act or section 24(1) of the Welfare Reform Act”;

(b) after the definition of “clerk to the appeal tribunal” insert—

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

(c) after the definition of “designated authority”(2) insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008(3);

“failure determination” means a determination by the Secretary of State under regulation 63(1) of the Employment and Support Allowance Regulations that a claimant has failed to satisfy the requirement of regulation 47 or 54 of those Regulations (requirement to take part in a work-focused health related assessment or a work-focused interview);”;

(d) after the definition of “the Graduated Retirement Benefit Regulations”(4) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;

(e) after the definition of “legally qualified panel member” insert—

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

(f) after the definition of “the Variations Regulations”(5) insert—

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

(1)

Definition amended by S.I. 1999/1662 and 2002/3019.

(2)

Definition substituted by S.I. 2002/1703.

(3)

S.I. 2008/794

(4)

Definition was inserted by S.I. 2005/2677.

(5)

Definition inserted by S.I. 2000/3185.