The Employment and Support Allowance (Transitional Provisions) Regulations 2008

Claim for existing award

2.—(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.

(2) Paragraph (1) does not apply to—

(a) a claim for incapacity benefit or severe disablement allowance relating to a period of incapacity for work which is one of two periods treated as one period of incapacity for work under section 30C(1)(c) of the Contributions and Benefits Act (linking rules)(1);

(b) a claim made by a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995(2) (welfare to work beneficiary); or

(c) a claim for income support on the grounds of disability where—

(i) the claimant was previously entitled to income support on the grounds of disability, for a period of 4 or more consecutive days, and

(ii) the claimant ceased to be entitled to income support on the grounds of disability not more than 8 weeks before the commencement of the period in respect of which the current claim is made.

(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for severe disablement allowance, maternity allowance or carer’s allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987(3) (claims treated as claimed in addition or in the alternative).

(1)

Section 30C was inserted into the Contributions and Benefits Act by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18), was amended by section 47 of, and paragraph 25 of Schedule 3 to, the Tax Credits Act 2002 (c. 21) and is repealed from a date to be appointed by section 28(1) of, and paragraph 8 to, the Welfare Reform Act 2007 (c. 5). Section 30C applies to severe disablement allowance by virtue of regulation 2(3) of the Social Security (Severe Disablement Allowance) Regulations (S.I. 1984/1303).

(2)

S.I. 1995/311; regulation 13A was inserted by S.I. 1998/2231; relevant amending instruments are S.I. 1999/3109, S.I. 2006/757 and S.I. 2006/2378.

(3)

S.I. 1987/1968 relevant amending instruments are S.I. 1988/522, 1990/2208, 1991/2741, 1992/2593, 1994/2943, 1996/1460, 1999/2572, 2000/1483, 2002/2497, 2005/1551.