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.