2008 No. 1082
The Employment and Support Allowance (Consequential Provisions) Regulations 2008
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 130(2) to (4), 135(1), 136(3), 137(1) and (2)(d) and (i) and 175(1), (2), (3) and (4) of the Social Security Contributions and Benefits Act 1992 F1, sections 5(1)(a), (i) and (p), 6(1)(a) and (k), 75(4) 189(1), (3) and (4) to (6) and 191 of the Social Security Administration Act 1992 F2, sections 34(1), 79(1), (3), (4) and (6) and 84 of the Social Security Act 1998 F3, paragraphs 4(6), 20(1)(b) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 F4 and sections 32(1) and 34(6) of the Welfare Reform Act 2007 F5.
These Regulations are made in consequence of the Welfare Reform Act 2007 and are made within six months beginning with the coming into force of those provisions F6.
In accordance with section 176(1) F7 of the Social Security Administration Act 1992 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
1992 c. 5. Section 5(1) was amended by section 74 of, and paragraph 79(1)(a) of Schedule 7 and Schedule 8 to, the Social Security Act 1998 (c. 14) and paragraph 21(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (c. 19). Section 6(1) was amended by paragraph 12 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and Schedule 8 to the Social Security Act 1998, paragraph 21(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000. Section 191 is cited for the meaning given to “prescribed”.
1998 c. 14. Section 84 is cited for the meaning given to “prescribed”.
2000 c. 19. Paragraph 23(1) of Schedule 7 is cited for the meaning given to “prescribed”.
2007 c. 5. Section 34 is cited for the meaning given to “prescribed”.
See section 173(5) of the Social Security Administration Act 1992. The requirement to refer Regulations to the Social Security Advisory Committee does not apply where Regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made.
Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992, paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c. 52) and section 69(6) of the Child Support, Pensions and Social Security Act 2000.
PART 1General
Citation and commencement1
These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008.
PART 2Common provisions
Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 20062
In paragraph 5(2) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 F8 (transitional and savings provisions), in the paragraph inserted as paragraph (4) of regulation 13 of both the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after sub-paragraph (c) insert—
ca
has limited capability for work F51within the meaning of section 1(4) of the Welfare Reform Act 2007; or
cb
is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or
F52Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20013
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “relevant decision” add—
“the Welfare Reform Act” means the Welfare Reform Act 2007.
3
In regulation 7(2) (decisions superseding earlier decisions)—
a
in sub-paragraph (i) at the beginning insert “except where sub-paragraph (o) applies,”; and
b
after sub-paragraph (n) add—
o
where—
i
the claimant has been awarded entitlement to housing benefit or council tax benefit;
ii
the claimant or the claimant’s partner has made a claim for employment and support allowance;
iii
subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; and
iv
either—
aa
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
bb
regulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
4
In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14C) insert—
14D
Where the decision is superseded in accordance with regulation 7(2)(o), the decision shall take effect from—
a
the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2)(o)(iii); or
b
the first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act,
if that day is the first day of the benefit week but, if it is not, from the next following such day.
PART 3The Housing Benefit Regulations 2006
General4
The Housing Benefit Regulations 2006 F9 are amended in accordance with this Part.
Amendment of regulation 25
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance
”
;
b
in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act
”
;
c
after the definition of “the Consequential Provisions Regulations” insert—
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
d
after the definition of “employed earner” insert—
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 F10;
e
after the definition of “an income-based jobseeker's allowance” insert—
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
F53ee
after the definition of “Jobseeker’s Allowance Regulations” insert—
“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
f
after the definition of “the Macfarlane Trust” insert—
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
g
in the definition of “qualifying contributory benefit”F11 after sub-paragraph (b) add—
c
contributory employment and support allowance;
h
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
c
income-related employment and support allowance;
i
after the definition of “water charges” insert—
“Welfare Reform Act” means the Welfare Reform Act 2007;
3
After paragraph (3) insert—
3A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
Amendment of regulation 56
In regulation 5(1)(b)
(persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “
, on an income-based jobseeker's allowance or on an income-related employment and support allowance
”
.
Amendment of regulation 67
In regulation 6(6)
(remunerative work) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
F50Amendment of regulation 77A
In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after “Schedule 3” add “or a component under paragraph 23 or 24 of that Schedule”.
Amendment of regulation 108
In regulation 10(3B)(k) F12
(persons from abroad) for “or on an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or on an income-related employment and support allowance
”
.
Amendment of regulation 119
In regulation 11 (eligible housing costs)—
a
in paragraph (2) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph (4) for “or an income-based jobseeker's allowance” each time it occurs substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 1910
In regulation 19(2)(a) F13
(persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 2211
In regulation 22 (applicable amounts) after sub-paragraph (d) add—
e
the amount of either the—
i
work-related activity component; or
ii
F54...support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).
Amendment of regulation 2312
In regulation 23 (polygamous marriages) after sub-paragraph (e) add—
f
the amount of either the—
i
work-related activity component; or
ii
F55...support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).
Amendment of regulation 2613
In regulation 26(1)
(circumstances in which income of non-dependant is to be treated as claimant's) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 2814
In regulation 28 (treatment of child care charges)—
a
in paragraph (2)—
i
after sub-paragraph (b) insert—
ba
is paid an employment and support allowance;
ii
in sub-paragraph (d) after “incapacity for work” insert “
or limited capability for work
”
;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “
, an employment and support allowance
”
;
c
in paragraph (11) F14—
i
in sub-paragraph (a) after “incapacity” add “
or the support component or the work-related activity component on account of the other member having limited capability for work
”
;
ii
after sub-paragraph (b) insert—
ba
the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
iii
after sub-paragraph (c) insert—
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
iv
in sub-paragraph (d) after (vi) add—
vii
main phase employment and support allowance;
d
after paragraph (12) insert—
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
Amendment of regulation 4015
In regulation 40 (calculation of income other than earnings) after paragraph (5) insert—
5A
Where the claimant or, where the claimant is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations the amount of that benefit to be taken into account is the amount as if it had not been reduced.
Amendment of regulation 5016
In regulation 50 (diminishing notional capital rule)—
a
in paragraph (3)—
i
at the end of paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add—
and
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
b
in paragraph (4) F15 after sub-paragraph (d) add—
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
c
in paragraph (8)(b)—
i
for “and (d)” substitute “
, (d) and (e)
”
; and
ii
in paragraph (i) after “income support” insert “
, an income-related employment and support allowance
”
.
Amendment of regulation 5617
In regulation 56(2) F16 (full-time students to be treated as not liable to make payments in respect of a dwelling)—
a
in sub-paragraph (a) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
after sub-paragraph (e) insert—
ea
who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
Amendment of regulation 7418
In regulation 74(8) F17
(non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)
”
.
Amendment of regulation 8319
In regulation 83 (time and manner in which claims are to be made)—
a
in paragraph (4) F18—
i
in sub-paragraph (a) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
ii
in sub-paragraph (c) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
b
in paragraph (5) F19—
i
in sub-paragraph (a)—
aa
for “or an income-based jobseeker's allowance” each time it occurs substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
bb
for “or jobseeker's allowance” substitute “
, jobseeker's allowance or employment and support allowance
”
; and
cc
omit “ and for the purposes of” to the end; and
ii
in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
c
after paragraph (5) insert—
5A
For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—
a
in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or
b
in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).
Amendment of regulation 8820
In regulation 88(3)(d) F20 (duty to notify changes of circumstances)—
a
for “or income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
for “or an income-based jobseeker's allowance” each time it occurs substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 9521
In regulation 95(1)(a)
(circumstances in which payment is to be made to a landlord) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
.
Amendment of regulation 10522
In regulation 105(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add—
f
an employment and support allowance.
Amendment of Schedule 323
In Schedule 3 (applicable amounts)—
a
in Part 1 (personal allowances) for sub-paragraphs (1) to (3) of paragraph 1 F21 substitute—
Column (1)Person or couple
Column (2)Amount
(1)
A single claimant who—
(1)
(a)
is entitled to main phase employment and support allowance;
(a)
£60.50;
(b)
is aged not less than 25;
(b)
£60.50;
(c)
is aged less than 25.
(c)
£47.95.
(2)
Lone parent who—
(2)
(a)
is entitled to main phase employment and support allowance;
(a)
£60.50;
(b)
is aged not less than 18; or
(b)
£60.50;
(c)
is aged less than 18.
(c)
£47.95.
(3)
Couple where—
(3)
(a)
the claimant is entitled to main phase employment and support allowance;
(a)
£94.95;
(b)
at least one member is aged not less than 18;
(b)
£94.95;
(c)
both members are aged less than 18.
(c)
£72.35.
b
c
in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute—
1
Subject to sub-paragraph (2), the condition is that—
F57a
the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—
i
the claimant; or
ii
a member of the claimant's family,
who is aged less than 60.
d
after Part 4 (amounts of premiums specified in Part 3) add—
F58PART 5The components
21
Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if—
a
the claimant or the claimant’s partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
22
1
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
2
Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
The work-related activity component23
The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work.
The support component24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.
PART 6Amount of components
25
The amount of the work-related activity component is £24.00.
26
The amount of the support component is £29.00.
Amendment of Schedule 424
In Schedule 4 (sums to be disregarded in the calculation of earnings)—
a
in paragraph 3(2) for “or severe disability premium” substitute “, severe disability premium, work-related activity component or support component
”
;
b
in paragraph 12 for “or an income-based jobseeker's allowance” substitute “, an income-based jobseeker's allowance or an income-related employment and support allowance
”
c
in paragraph 17(2)(b)(iv) F23—
i
for paragraph (aa) substitute—
aa
the claimant's applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 3 F59...;
ii
in paragraph (bb) for “F60... disability premium” substitute “, a disability premium, the work-related activity component or the support component
”
.
Amendment of Schedule 525
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 4 for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph 7 after sub-paragraph (c) add—
d
an income-related employment and support allowance.
Amendment of Schedule 626
In Schedule 6 (capital to be disregarded)—
a
in paragraph 5 for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph 9(1) after sub-paragraph (e) add—
f
an income-related employment and support allowance,
Amendment of Schedule 927
In Schedule 9 (matters to be included in decision notice)—
a
in paragraph 9—
i
in the heading, for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance, an income-related employment and support allowance
”
; and
ii
for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
b
in paragraph 10—
i
in the heading for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
ii
for “or on an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or on an income-related employment and support allowance
”
; and
c
in paragraph 14(a)(ii) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
PART 4The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
General28
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 F24 are amended in accordance with this Part.
Amendment of regulation 229
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance”
;
b
in the definition of “the benefit Acts” after “the Jobseekers Act” insert “, the Welfare Reform Act”
;
F61bb
after the definition of “the Consequential Provisions Regulations” insert—
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
c
after the definition of “employed earner” insert—
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
d
after the definition of “an income-based jobseeker's allowance” insert—
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
e
F62after the definition of “the Macfarlane Trust” insert—
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
f
in the definition of “qualifying contributory benefit”F25 after sub-paragraph (b) add—
c
contributory employment and support allowance;
g
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
c
income-related employment and support allowance;
h
after the definition of “water charges” insert—
“Welfare Reform Act” means the Welfare Reform Act 2007;
3
After paragraph (3) insert—
3A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
Amendment of regulation 530
In regulation 5(2)
(persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “, F63on an income-based jobseeker's allowance or on an income-related employment and support allowance”
.
Amendment of regulation 631
In regulation 6(6)
(remunerative work) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 1932
In regulation 19(2)(a) F26
(persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 2933
In regulation 29(4) (meaning of “income”) after sub-paragraph (c) add—
d
section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor's allowances).
Amendment of regulation 3134
In regulation 31 (treatment of child care charges)—
a
in paragraph (2)—
i
after sub-paragraph (b) insert—
ba
is paid an employment and support allowance;
ii
in sub-paragraph (d) after “incapacity for work” insert “
or limited capability for work
”
;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “
, an employment and support allowance
”
;
c
in paragraph (11) F27—
i
after sub-paragraph (b) insert—
ba
the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
ii
after sub-paragraph (c) insert—
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
iii
in sub-paragraph (d) after (vi) add—
vii
main phase employment and support allowance;
d
after paragraph (12) insert—
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
Amendment of regulation 4835
In regulation 48 (diminishing notional capital rule)—
a
in paragraph (3) after sub-paragraph (d) add—
; F64and
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
b
in paragraph (4) F28 after sub-paragraph (d) add—
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
c
in paragraph (8)(a)—
i
for “and (d)” substitute “
, (d) and (e)
”
; and
ii
in paragraph (i) after “state pension credit” insert “
, an income-related employment and support allowance
”
.
Amendment of regulation 5436
In regulation 54 (continuing payments where state pension credit claimed)—
a
in paragraph (1)(c)(i) after “income-based jobseeker's allowance” insert “
or income-related employment and support allowance
”
;
b
in paragraph (2)(a)(ii) after “jobseeker's allowance” insert “or income-related employment and support allowance ;
c
in paragraph (3) after “income support” insert “
, income-related employment and support allowance
”
.
Amendment of regulation 5537
In regulation 55(8) F29
(non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)
”
.
Amendment of regulation 6438
In regulation 64(5) F30 (time and manner in which claims are to be made) —
a
in sub-paragraph (a) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
; and
b
in sub-paragraph (c) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
Amendment of regulation 8639
In regulation 86(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add—
f
an employment and support allowance.
Amendment of Schedule 440
In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant's earnings)—
a
in paragraph (v), at the end, omit “or”; and
b
after paragraph (vi) add—
vii
main phase employment and support allowance; or
Amendment of Schedule 641
In Schedule 6 (capital to be disregarded)—
a
in paragraph 21(2)—
i
in paragraph (k) F31 omit “or”; and
ii
after sub-paragraph (1) add—
or
m
income-related employment and support allowance.
b
in paragraph 22(2) after sub-paragraph (d) add—
e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,
PART 5Council Tax Benefit Regulations 2006
General42
The Council Tax Benefit Regulations 2006 F32 are amended in accordance with this Part.
Amendment of regulation 243
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance
”
;
b
in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act
”
;
c
after the definition of “the Consequential Provisions Regulations” insert—
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
d
after the definition of “employed earner” insert—
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
e
after the definition of “an income-based jobseeker's allowance” insert—
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
F65ee
after the definition of “Jobseeker’s Allowance Regulations” insert—
“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
f
F66after the definition of “the Macfarlane Trust” insert—
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
g
in the definition of “qualifying contributory benefit”F33 after sub-paragraph (b) add—
c
contributory employment and support allowance;
h
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
c
income-related employment and support allowance;
i
after the definition of “water charges” insert—
“Welfare Reform Act” means the Welfare Reform Act 2007;
3
After paragraph (4) insert—
4A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
Amendment of regulation 544
In regulation 5(1)(b)
(persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “
, on an income-based jobseeker's allowance or on an income-related employment and support allowance
”
.
Amendment of regulation 645
In regulation 6(6)
(remunerative work) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 746
In regulation 7(4A)(k) F34
(persons from abroad) for “or on an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or on an income-related employment and support allowance
”
.
Amendment of regulation 947
In regulation 9(2)(a) F35
(persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 1248
In regulation 12 (applicable amounts) after sub-paragraph (d) add—
e
the amount of either the—
i
work-related activity component; or
ii
F67...support component
which may be applicable to him in accordance with Part 5 of Schedule 1 (the components).
Amendment of regulation 1349
In regulation 13 (polygamous marriages) after sub-paragraph (e) add—
f
the amount of either the—
i
work-related activity component; or
ii
F68...support component
which may be applicable to him in accordance with Part 5 of Schedule 1 (the components).
Amendment of regulation 1650
In regulation 16(1)
(circumstances in which income of non-dependant is to be treated as claimant's) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 1851
In regulation 18 (treatment of child care charges)—
a
in paragraph (2)—
i
after sub-paragraph (b) insert—
ba
is paid an employment and support allowance;
ii
in sub-paragraph (d) after “incapacity for work” insert “
or limited capability for work
”
;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “
, an employment and support allowance
”
;
c
in paragraph (11) F36—
i
in sub-paragraph (a) after “incapacity” add “
or the support component or the work-related activity component on account of his having limited capability for work
”
;
ii
after sub-paragraph (b) insert—
ba
the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
iii
after sub-paragraph (c) insert—
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
iv
in sub-paragraph (d) after (vi) add—
vii
main phase employment and support allowance;
d
after paragraph (12) insert—
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter apply to him for so long as he has, or is treated as having, limited capability for work.
Amendment of regulation 3052
In regulation 30 (calculation of income other than earning) after paragraph (5) insert—
5A
Where the claimant or, where he is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations, the amount of that benefit to be taken into account is the amount as if it had not been reduced.
Amendment of regulation 4053
In regulation 40 (diminishing notional capital rule)—
a
in paragraph (3)—
i
at the end of sub-paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add—
and
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the whole or part of benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
b
in paragraph (4)—
i
at the end of sub-paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add—
and
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
c
in paragraph (8)(a)(iii)—
i
for “and (d)” substitute “
, (d) and (e)
”
; and
ii
in paragraph (aa) after “income support” insert “
, an income-related employment and support allowance
”
.
Amendment of regulation 4554
In regulation 45(3) F37 (students excluded from entitlement to council tax benefit)—
a
in sub-paragraph (a) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
after sub-paragraph (e) insert—
ea
who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period.
Amendment of regulation 5855
In regulation 58(8)(a)
(non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance.
”
.
Amendment of regulation 6956
In regulation 69 (time and manner in which claims are to be made)—
a
in paragraph (4) F38—
i
in sub-paragraph (a) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
ii
in sub-paragraph (c) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
b
in paragraph (5)—
i
in sub-paragraph (a)—
aa
for “or an income-based jobseeker's allowance” each time it occurs substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
bb
for “or jobseeker's allowance” substitute “
, jobseeker's allowance or employment and support allowance
”
; and
cc
omit “and for the purposes of” to the end; and
ii
in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
c
after paragraph (5) insert—
5A
For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance must be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under—
a
in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or
b
in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days),
have been entitled to that allowance.
Amendment of regulation 7457
In regulation 74 (duty to notify changes of circumstances)—
a
in paragraph (3)(d) for “or an income-based jobseeker's allowance” each time it occurs substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph (5) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 9058
In regulation 90(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add—
e
an employment and support allowance.
Amendment of Schedule 159
In Schedule 1 (applicable amounts)—
a
in Part 1 (personal allowances) for sub-paragraph 1(1) F39 substitute—
(1)
A single claimant who—
(1)
(a)
is entitled to main phase employment and support allowance;
(a)
£60.50;
(b)
is aged not less than 25;
(b)
£60.50;
(c)
is aged not less than 18 but less than 25.
(c)
£47.95.
b
c
in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute—
1
Subject to sub-paragraph (2), the condition is that—
F70a
the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—
i
the claimant; or
ii
a member of the claimant's family,
who is aged less than 60.
d
after Part 4 (amount of premiums specified in Part 3) add—
F71PART 5The components
21
Subject to paragraph 22 the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if—
a
the claimant or the claimant’s partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
22
1
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
2
Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
The work-related activity component23
The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work.
The support component24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.
PART 6Amount of components
25
The amount of the work-related activity component is £24.00.
26
The amount of the support component is £29.00.
Amendment of Schedule 260
In the table in paragraph 1 F41 of Schedule 2 (amount of alternative maximum council tax benefit) in column 1—
a
in sub-paragraph (a) after “income support” insert “
, an income-related employment and support allowance
”
;
b
in sub-paragraph (b) after “income support” insert “
, an income-related employment and support allowance
”
; and
c
in sub-paragraph (c) after “state pension credit” insert “
, an income-related employment and support allowance
”
.
Amendment of Schedule 361
In Schedule 3 (sums to be disregarded in the calculation of earnings)—
a
in paragraph 3(2) for “or severe disability premium” substitute “
, severe disability premium, work-related activity component or support component
”
;
b
in paragraph 12 for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
c
in paragraph 16(2)(b)(iv) F42—
i
for paragraph (aa) substitute—
aa
the claimant's applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 1 respectively;
ii
in sub-paragraph (bb) after “disability premium” insert “
or either of the components
”
.
Amendment of Schedule 462
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 4 for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph 8 after sub-paragraph (c) add—
d
an income-related employment and support allowance.
Amendment of Schedule 563
In Schedule 5 (capital to be disregarded)—
a
in paragraph 5 for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
b
in paragraph 9(1) after sub-paragraph (e) add—
f
an income-related employment and support allowance,
Amendment of Schedule 864
In Schedule 8 (matters to be included in decision notice)—
a
in paragraph 9—
i
in the heading for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
ii
for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
b
in paragraph 10—
i
in the heading for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
; and
ii
for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
;
c
in paragraph 12(a)(ii) for “or on an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or on an income-related employment and support allowance
”
; and
d
in paragraph 13(e) after “income support” insert “
, an income-related employment and support allowance
”
.
PART 6The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
General65
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 F43 are amended in accordance with this Part.
Amendment of regulation 266
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
b
in the definition of “the benefit Acts” after “the Jobseekers Act” insert “
, the Welfare Reform Act
”
;
c
after the definition of “the Consequential Provisions Regulations” insert—
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
d
after the definition of “employed earner” insert—
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
e
after the definition of “an income-based jobseeker's allowance” insert—
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
f
F72after the definition of “the Macfarlane Trust” insert—
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
F73ff
in the definition of “qualifying contributory benefit” after sub-paragraph (b) add—
c
contributory employment and support allowance;
g
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
c
income-related employment and support allowance;
h
after the definition of “water charges” insert—
“Welfare Reform Act” means the Welfare Reform Act 2007;
3
After paragraph (4) insert—
4A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
Amendment of regulation 567
In regulation 5(2)
(persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or on an income-related employment and support allowance
”
.
Amendment of regulation 668
In regulation 6(6)
(remunerative work) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 969
In regulation 9(2)(a) F44
(persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 1970
In regulation 19(5) (meaning of “income”) after sub-paragraph (c) add—
d
section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor's allowances) and regulations made under it.
Amendment of regulation 2171
In regulation 21 (treatment of child care charges)—
a
in paragraph (2)—
i
after sub-paragraph (b) insert—
ba
is paid an employment and support allowance;
ii
in sub-paragraph (d) after “incapacity for work” insert “
or limited capability for work
”
;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “
, an employment and support allowance
”
;
c
in paragraph (11) F45—
i
after sub-paragraph (b)—
ba
the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
ii
after sub-paragraph (c) insert—
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days ; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
iii
in sub-paragraph (d) after (vi) add—
vii
main phase employment and support allowance;
d
after paragraph (12) insert—
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
Amendment of regulation 3872
In regulation 38 (diminishing notional capital rule)—
a
in paragraph (3) after sub-paragraph (d) add—
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
b
in paragraph (4) after sub-paragraph (d) add—
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
c
in paragraph (8)(b)—
i
for “and (d)” substitute “
, (d) and (e)
”
; and
ii
in paragraph (i) after “state pension credit” insert “
, an income-related employment and support allowance
”
.
Amendment to regulation 4273
In regulation 42(8)(a) F46
(non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 4574
In regulation 45 (continuing payments where state pension credit is claimed)—
a
in paragraph (1)(c)(i) after “income-based jobseeker's allowance” insert “
or income-related employment and support allowance
”
;
b
in paragraph (2)(a)(ii) after “income-based jobseeker's allowance” insert “
or income-related employment and support allowance
”
;
c
in paragraph (3) after “income-based jobseeker's allowance” insert “
, income-related employment and support allowance
”
.
Amendment of regulation 5375
In regulation 53 (time and manner in which claims are to be made)—
a
in paragraph (4) F47—
i
in sub-paragraph (a) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
ii
in sub-paragraph (c) for “or a jobseeker's allowance” substitute “
, a jobseeker's allowance or an employment and support allowance
”
;
Amendment of regulation 5976
In regulation 59(5)
(duty to notify changes of circumstances) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Amendment of regulation 7577
in regulation 75(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add—
e
an employment and support allowance.
Amendment of Schedule 278
In paragraph 5(1)(a) of Schedule 2 (sums disregarded from claimant's earnings)—
a
in paragraph (v), at the end, omit “or”;
b
after paragraph (vi) add—
vii
main phase employment and support allowance; or
Amendment of Schedule 479
In Schedule 4 (capital to be disregarded)—
a
in paragraph 21(2)—
i
in paragraph (k) F48 omit “or”; and
ii
after sub-paragraph (1) insert—
or
m
income-related employment and support allowance,
b
in paragraph 22(2) after sub-paragraph (d) add—
e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,
Amendment of Schedule 680
In paragraph 1of Schedule 6 (amount of alternative maximum council tax benefit) in paragraph (1) F49 in column 1 of the table—
a
in sub-paragraph (a) after “income support” insert “
, income-related employment and support allowance
”
;
b
in sub-paragraph (b) after “income support,” insert “
income-related employment and support allowance,
”
; and
c
in sub-paragraph (c) after “state pension credit” insert “
, an income-related employment and support allowance
”
.
Amendment of Schedule 781
In paragraph 13(e) of Schedule 7 (matters to be included in the decision notice) for “or an income-based jobseeker's allowance” substitute “
, an income-based jobseeker's allowance or an income-related employment and support allowance
”
.
Signed by the authority of the Secretary of State for Work and Pensions.
1992 c. 4. Section 137(1) is cited for the meaning given to “prescribed”.