PART 1EMPLOYMENT AND SUPPORT ALLOWANCE

Entitlement

Employment and support allowance1

(1)

An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.

F1(2)

Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and F2either—

F3(a)

the first and the second conditions set out in F4Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in F4that Part of that Schedule (condition relating to youth), F5or

F6F5(b)

the conditions set out in Part 2 of that Schedule (conditions relating to financial position).

(3)

The basic conditions are that the claimant—

(a)

has limited capability for work,

F7(aa)

has accepted a claimant commitment,

(b)

is at least 16 years old,

(c)

has not reached pensionable age,

F8(d)

is in Northern Ireland, F9and

(e)

is not entitled to income support, and

F10(f)

is not entitled to a jobseeker's allowance F11(and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).

F12F13(3A)

After the coming into operation of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in F14Part 1 of Schedule 1 (youth).

(4)

For the purposes of this Part, a person has limited capability for work if—

(a)

his capability for work is limited by his physical or mental condition, and

(b)

the limitation is such that it is not reasonable to require him to work.

(5)

An employment and support allowance is payable in respect of a week.

F15(6)

In subsection (3)—

F16“joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of Article 3(2B) of the Jobseekers Order;

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (NI 22).

F17F18(6A)

F19In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Order.

F17(7)

F19In this Part—

“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a) F20(and see section 1B(2)) ;

“income-related allowance” means an employment and support allowance entitlement to which is based on subsection (2)(b).