- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Employment and Support Allowance Regulations 2013 No. 379
67.—(1) Where—
(a)a claimant is entitled to an employment and support allowance in respect of any period of a week or part of a week;
(b)there is—
(i)a pension payment;
(ii)a PPF periodic payment; or
(iii)both of the payments specified in paragraphs (i) and (ii),
payable to that person in respect of that period (or a period which forms part of that period or includes that period or part of it); and
(c)the amount of the payment, or payments when taken together, exceeds—
(i)if the period in question is a week, £85; or
(ii)if that period is not a week, such proportion of £85 as falls to be calculated in accordance with regulation 79(1) or (5) (calculation of weekly amount of income),
the amount of that allowance is to be reduced by an amount equal to 50% of the excess.
(2) For the purposes of regulations 67 to 72 “payment” means a payment or payments, as the case may be, referred to in paragraph (1)(b).
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