Part 2Working-age benefits

CHAPTER 2Employment and support allowance

Conditions of entitlement

52I1Further entitlement after time-limiting

1

After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—

1BFurther entitlement after time-limiting

1

Where a person's entitlement to a contributory allowance has ceased as a result of section 1A (1) or (4) but—

a

the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,

b

the person satisfies the basic conditions, and

c

the person has (or is treated as having) limited capability for work-related activity,

the claimant is entitled to an employment and support allowance by virtue of this section.

2

An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.

2

In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “ (and see section 1B(2)) ”.