- Latest available (Revised)
- Original (As made) - English
- Original (As made) - Welsh
This is the original version (as it was originally made). Wales Statutory Instruments are not carried in their revised form on this site.
4. Yn Atodlen 1 i'r prif Reoliadau (Addasu Rheoliadau Cymhorthdal Incwm (Cyffredinol) 1987, yn Nhabl B—
(a)yng ngholofn (2) ar ôl y cofnod cyntaf sy'n ymwneud â rheoliad 18(1) , mewnosoder y cofnod a ganlyn—
“Yn lle rheoliad 18(1)(a) a (b) rhodder—
“(a)where each member of the marriage is less than 60—
the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub-paragraph (5) of paragraph 1 of Schedule 2; and
an amount equal to the difference between the amounts specified in sub-paragraphs (5) and (1) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken in to account in determining the amount under (i) above;
(b)where any member of the marriage is aged 60 or more—
the amount applicable to the claimant plus the amount applicable to one of the other members of the marriage determined in accordance with sub-paragraph (6) of paragraph 1 of Schedule 2; and
an amount equal to the difference between the amounts specified in sub-paragraphs (6) and (2) of paragraph 1 of that Schedule in respect of each of the members of the marriage who were not taken into account in determining the amount under (i) above;””.
(b)yng ngholofn (2) o'r cofnod sy'n ymwneud ag Atodlen 2—
(i)ar ôl yr ail gofnod rhodder—
“Ar ôl paragraff 1 (lwfansau personol) rhodder—
“1ZA.—(1) A single claimant or lone parent aged less than 25 who—
(a)is entitled to an ESA component; or
(b)is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which begins no earlier than 27 October 2008,
has a personal allowance equal to the amount of the personal allowance which would apply if that person were not less than 25 years old.
(2) In sub-paragraph (1) “ESA component” mans a support component or a work-related activity component within the meaning of section 4 of the Welfare Reform Act.””;
(ii)yn lle'r cofnod sy'n ymwneud â pharagraff 11 (premiwm anabledd), rhodder—
“Yn lle paragraff 11(1) rhodder y cofnodion a ganlyn—
“11.—(1) Subject to sub-paragraph (2), the condition is that—
(a)where the claimant is a person aged less than 60 who is a single claimant or a lone parent, an additional condition specified is paragraph 12 is satisfied; or
(b)where the claimant has a partner and both the claimant and the partner are aged less than 60, an additional condition specified in paragraph 11A(1) or 12 is satisfied by at least one of them; or
(c)where the claimant is a person aged less that 60 who is a single claimant or a lone parent, an additional condition specified in paragraph 11A(2) is satisfied.”;
Ar ôl paragraff 11 mewnosoder—
“11A.—(1) The additional conditions referred to in paragraph 11(1)(b) are—
(a)the claimant is a member of a couple and a member of that couple has been awarded employment and support allowance which includes an ESA component; or
(b)the claimant is a member of a couple and a member of that couple has been in receipt of employment and support allowance for 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27 October 2008.
(2) The additional conditions referred to in paragraph 11(1)(c) are—
(a)the claimant is a single claimant or a lone parent who is in receipt of an employment and support allowance which includes a support component;
(b)the claimant is a single claimant or lone parent who is in receipt of an employment and support allowance which includes a work-related activity component;
(c)the claimant is a single claimant or lone parent who has been in receipt of employment and support allowance for a period of 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27 October 2008;
(d)the claimant is a—
(i)single claimant or lone parent;
(ii)severely disabled person within the meaning of paragraph 13(2)(a)(i); and
(iii)person who has been in receipt of employment and support allowance for a period of not less than 28 weeks, or is incapable of work and has been incapable of work for a continuous period of not less than 28 weeks which starts no earlier than 27 October 2008.
(3) In this paragraph—
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;
“ESA component” means either a support component or a work-related activity component; and
“support component” and “work-related activity component” have the same meanings as in section 4 of that Act.””; a
(iii)ar ôl y cofnod sy'n ymwneud â pharagraff 13 (2)(a)(ii) a (b)(iii) mewnosoder—
“Yn lle paragraff 13A(1) (Uwch Bremiwm Anabledd)(1) rhodder—
“13A.—(1) Subject to sub-paragraph (2), the conditions are that—
(a)the claimant is aged less than 60 and, where the claimant is a member of a couple, the claimant’s partner is aged less than 60; and
(b)the claimant or, as the case may be, the claimant’s partner is—
(i)in receipt of employment and support allowance which includes a support component; or
(ii)in receipt of the care component of disability living allowance at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act or would be in receipt of that component at that rate but for either a suspension of benefit in accordance with regulations made under section 113(2) of that Act or an abatement as a consequence of hospitalisation.”.
Ar ôl 13A(2) rhodder—
“(3) In this paragraph “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act and “support component” has the same meaning as in section 4 of that Act.”.
Ym mharagraff 15(4)(a) (swm wythnosol o bremiwm anabledd) yn lle'r cofnod yn y golofn chwith rhodder—
“(a)where the condition in paragraph 11(1)(a) is satisfied or the condition in paragraph 11(1)(c) and an additional condition in paragraph 11(2)(b) or (c) are satisfied;”
Ar ôl paragraff 15(4)(a) rhodder y cofnod a ganlyn—
“(aa)where the (aa) an amount condition in equal to the paragraph 11(1)(c) component in and an additional paragraph 13 of condition in Schedule 4 to the paragraph 11A(2) Employment and
(a)or (d) are Support Allowance satisfied; Regulations.”
Ym mharagraff 15(4)(b) (swm wythnosol o bremiwm anabledd) yn lle'r cofnod yn y golofn chwith rhodder —
“(b)where the condition in paragraph 11(1)(b) and an additional condition in paragraph 11A(1) or paragraph 12 are satisfied.”.
Mewnosodwyd paragraff 13A i Reoliadau Cymhorthdal Incwm (Cyffredinol) gan O.S. 2000/2629.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: