This Statutory Instrument has been made in consequence of a defect in SI 2008/795 and is being issued free of charge to all known recipients of that Statutory Instrument.

2008 No. 2783

Social Security

The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions in exercise of the powers conferred by sections 25(2)(b) and (c) and 29 of, and paragraphs 2(a) and 3(b) of Schedule 4 to, the Welfare Reform Act 20071, makes the following Regulations.

In accordance with section 172(1) of the Social Security Administration Act 19922, reference has been made to the Social Security Advisory Committee.

Citation and commencement1

These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008 and shall come into force on 26th October 2008.

Amendment of the Employment and Support Allowance (Transitional Provisions) Regulations 20082

In regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 20083—

a

at the end of sub-paragraph (b) omit “or”;

b

at the end of sub-paragraph (c) add the following sub-paragraphs—

d

a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or

e

a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.

Signed by the authority of the Secretary of State for Work and Pensions

Jonathan ShawParliamentary Under Secretary of State,Department for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Employment and Support Allowance (Transitional Provisions) Regulations 2008 which relate to the introduction of employment and support allowance. The effect of the amendment is to allow a person who is entitled to incapacity benefit or severe disablement allowance, to claim income support on the grounds of disability and to allow a person who is entitled to income support on the grounds of disability, to claim incapacity benefit.

A full regulatory impact assessment has not been produced for these Regulations as no impact on the private, public or voluntary sectors is foreseen.