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22. Where a conversion decision has been made in relation to any person, the following enactments shall not apply to that person with effect from the conversion decision’s effective date—
(a)sections 30A, 40 or 41 of the Contributions and Benefits Act(1) (incapacity benefit);
(b)section 68 of the Contributions and Benefits Act (as it has effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000(2));
(c)regulation 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987(3) (prescribed category of persons for the purposes of entitlement on grounds of incapacity or disability);
(d)the Income Support Transitional Regulations 1987(4); and
(e)the Incapacity Benefit Transitional Regulations 1995(5).
23. In sub-paragraphs (a), (b) and (c) of regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008(6) (claim for existing award), for “a claim” substitute “a claim made in respect of a period commencing before 31st January 2011”.
24. In regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008, sub-paragraphs (a) to (c) are revoked.
25. (1) Regulation 31 of the 2008 Regulations (claimant who claims jobseeker’s allowance to be treated as not having limited capability for work) is revoked.
(2) In regulation 144(2)(a) of the 2008 Regulations (which sets out exceptions from the requirement to serve a period of waiting days at the beginning of a period of limited capability for work), between “income support,” and “state pension credit” insert “incapacity benefit, severe disablement allowance,”.
26. Schedule 4 (which makes amendments consequential on these Regulations) has effect.
27. Schedule 5 (which makes amendments to legislation relating to Housing Benefit and Council Tax Benefit) has effect.
Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 and is to be repealed by paragraph 9(5) of the Welfare Reform Act 2007. Section 40 was substituted, and section 41 inserted, by paragraphs 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 and are to be repealed by Schedule 8 to the Welfare Reform Act 2007.
S.I. 1987/1967. Relevant amending instruments are S.I. 1996/206, 2000/1981 and 2006/718. The enactments referred to in regulation 22(c) are revoked, subject to savings, by S.I. 2009/3152 with effect from 30th December 2009.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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