C1C4C2C3C5C6Part 1Employment and support allowance
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(2)(a), Sch. 1
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Pt. 1 applied (with modifications (as amended)) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(a), Sch. 2; (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)
Pt. 1 modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2
Entitlement
I1C1F16C1Amount payable where claimant entitled to both forms of allowance
1
This section applies where a claimant is entitled to both a contributory allowance and an income-related allowance.
2
If the claimant has no income, the amount payable by way of an employment and support allowance shall be the greater of—
a
his personal rate, and
b
the applicable amount.
3
If the claimant has an income, the amount payable by way of an employment and support allowance shall be the greater of—
a
his personal rate, and
b
the amount by which the applicable amount exceeds his income.
4
Where the amount payable to the claimant by way of an employment and support allowance does not exceed his personal rate, the allowance shall be treated as attributable to the claimant's entitlement to a contributory allowance.
5
Where the amount payable to the claimant by way of an employment and support allowance exceeds his personal rate, the allowance shall be taken to consist of two elements, namely—
a
an amount equal to his personal rate, and
b
an amount equal to the excess.
6
The element mentioned in subsection (5)(a) shall be treated as attributable to the claimant's entitlement to a contributory allowance.
7
The element mentioned in subsection (5)(b) shall be treated as attributable to the claimant's entitlement to an income-related allowance.
8
In this section—
“applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);“personal rate” means the amount calculated in accordance with section 2(1).
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))