Article 9
1. The 2010 Transitional Regulations are to be read as if the amendments set out in this Schedule were made.
2.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)insert at the appropriate places in the alphabetical order of the definitions—
““the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(1);”;
““the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(2);”;
““the ESA Regulations” means the Employment and Support Allowance Regulations 2013(3);”;
(b)omit—
(i)the definition of “income-related allowance”;
(ii)paragraphs (a) to (d) of the definition of “relevant deduction”(4);
(c)in the definition of “benefit week”, for “the 2008 Regulations” substitute “the ESA Regulations”.
(3) In paragraph (3), omit “or awards”.
3. In regulation 4 (the notice commencing the conversion phase), omit paragraph (6).
4. In regulation 5 (deciding whether an existing award qualifies for conversion)—
(a)in paragraph (1), omit “or awards”;
(b)in paragraph (2)(a), for “or awards qualify” substitute “qualifies”;
(c)in paragraph (2)(b), for “or awards do” substitute “does”;
(d)in paragraph (6)(b), omit “or awards”.
5. In regulation 6(2) (application of certain enactments for purpose of making conversion decisions)—
(a)for sub-paragraphs (b) and (c), substitute—
“(b)the ESA Regulations;
(c)regulation 38(2) and (3) of the Claims and Payments Regulations (evidence and information in connection with an award);”;
(b)for sub-paragraph (e), substitute—
“(e)the Decisions and Appeals Regulations.”
6. In regulation 7 (qualifying for conversion)(5)—
(a)in paragraph (1)—
(i)omit “or awards”;
(ii)for “qualify” substitute “qualifies”;
(b)in paragraphs (2)(b) and (3)(b), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”.
7. In regulation 8(1) (amount of an employment and support allowance on conversion)(6), for “the 2008 Regulations” substitute “the ESA Regulations”.
8. In regulation 9(1) (determining entitlement to a transitional addition)—
(a)for “or awards qualify” substitute “qualifies”;
(b)omit “or 11(2) (transitional addition: income support)”.
9. In regulation 10 (transitional addition: incapacity benefit or severe disablement allowance)—
(a)in paragraph (1), omit “(and for these purposes it is irrelevant whether the person is also entitled to any existing award of income support)”;
(b)in paragraph (4)(a), for “paragraph (2) of regulation 67 of the 2008 Regulations (prescribed amounts for purpose of calculating a contributory allowance)” substitute “paragraph (1) of regulation 62 of the ESA Regulations (prescribed amounts)”.
10. Omit regulation 11 (transitional addition: income support).
11. In regulation 12 (regulations 10 and 11: supplementary)—
(a)in the title, for “Regulations 10 and 11” substitute “Regulation 10”;
(b)in paragraph (1), for “regulations 10 and 11” substitute “regulation 10”;
(c)in paragraph (2), for “Amounts A and C are” substitute “Amount A is” and for “Amounts B and D are” substitute “Amount B is”;
(d)for paragraph (3)(a), substitute—
“(a)by virtue of an order made under section 150 of the Administration Act (annual up-rating of benefits)(7), there is an increase in the weekly rate which, in accordance with regulation 10(3) (transitional addition: incapacity benefit or severe disablement allowance), is to be used to calculate Amount A; and”;
(e)in paragraph (4)(a), for “paragraph (3)(a)(i) or (ii)” substitute “paragraph (3)(a)”;
(f)in paragraphs (3) and (4), omit “or C” and “or applicable amount (as the case may be)”.
12. In regulation 13(3) (the effective date of a conversion decision), omit “or awards”.
13. In regulation 14 (conversion decision that existing award qualifies for conversion)(8)—
(a)in paragraph (1)—
(i)for “Subject to paragraph (2A), paragraphs (2) to (6)” substitute “Paragraphs (2) to (5)”;
(ii)for “or awards qualify” substitute “qualifies”;
(b)for paragraph (2), substitute—
“(2) On the effective date of the conversion decision P’s existing award is by virtue of this paragraph converted into, and shall have effect on and after that date as, a single award of an employment and support allowance of such amount as is specified in the conversion decision.”;
(c)omit paragraphs (2A), (2B) and (6);
(d)in paragraph (4), omit “or awards”;
(e)for paragraph (7), substitute—
“(7) In this regulation paragraphs (2) to (5) are subject to regulation 17 (changes of circumstances before the effective date).”.
14. In regulation 15 (conversion decision that existing award does not qualify for conversion)(9)—
(a)in paragraph (1)—
(i)for “Subject to paragraphs (2A) and (4), paragraphs (2), (3) and (6)” substitute “Subject to paragraph (4), paragraphs (2) and (3)”;
(ii)for “or awards do” substitute “does”;
(b)for paragraph (2), substitute—
“(2) P’s entitlement to an existing award of incapacity benefit or severe disablement allowance shall terminate by virtue of this paragraph immediately before the effective date of P’s conversion decision.”;
(c)omit paragraphs (2A), (2B) and (6);
(d)in paragraph (4)(a)—
(i)for “the 2008 Regulations” substitute “the ESA Regulations”;
(ii)in paragraph (i), for “regulation 22(1) (failure to provide information or evidence requested in relation to limited capability for work)” substitute “regulation 18(1) (failure to provide information in relation to limited capability for work)”;
(iii)in paragraph (ii), for “regulation 23(2) (failure to attend for a medical examination to determine whether the claimant has limited capability for work)” substitute “regulation 19(2) (claimant may be called for a medical examination to determine whether the claimant has limited capability for work)”;
(e)in paragraph (5)—
(i)in sub-paragraph (c), omit “or awards”;
(ii)in sub-paragraph (d), omit “or those existing awards”;
(f)for paragraph (7), substitute—
“(7) In this regulation paragraphs (2) and (3) are subject to regulation 17 (changes of circumstances before the effective date).”.
15. In regulation 16 (application of other enactments applying to employment and support allowance)(10)—
(a)in paragraph (1A)(b), for “regulation 145(1) of the 2008 Regulations” substitute “regulation 86 of the ESA Regulations”;
(b)in paragraph (2)(e)(ii), for “the 2008 Regulations” substitute “the ESA Regulations”;
(c)in paragraph (2)(e)(iii), omit “(being regulations consequentially amended by regulations made under Part 1 of the 2007 Act)”.
16. In regulation 17 (changes of circumstances before the effective date)(11)—
(a)omit “or awards” in both places where it occurs;
(b)in paragraph (a)(ii)—
(i)omit “regulation 14(2B)(a) (termination of an existing award of incapacity benefit or severe disablement allowance where entitlement to award of income support continues),”;
(ii)for “(termination of existing awards which do not qualify for conversion)” substitute “(termination of an existing award which does not qualify for conversion)”;
(c)omit paragraph (c).
17. In regulation 18 (reducing the transitional addition: general rule), for paragraph (2) substitute—
“(2) For the purposes of paragraph (1), a relevant increase is an increase in any amount applicable to the person under regulation 62(1) or (2) of the ESA Regulations, which is not excluded by paragraph (3).”.
18. In regulation 21 (termination of transitional addition)(12)—
(a)in paragraph (1)(b)—
(i)for “, (3), (3A) and (4)” substitute “, (3) and (3A)”and (4)”;
(ii)omit “an employment and support allowance (entitlement to which arises from sections 1(2)(a) or 1(2)(b) of the 2007 Act), or to” and “or to an income-related allowance”;
(b)omit paragraph (4);
(c)in paragraph (5)(a), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;
(d)in paragraph (5)(c)(ii), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”;
(e)in paragraph (5A)(c), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;
(f)omit paragraph (6);
(g)in paragraph (7)—
(i)for “, 1A and 2” substitute “and 1A”;
(ii)omit “or additions, as the case may be,” in both places where it occurs;
(iii)for “an allowance which is referred to in paragraph (1)(b)” substitute “a contributory allowance”.
19. In regulation 22 (disapplication of certain enactments following conversion decision), omit paragraphs (c) and (d).
20. In Schedule 1 (modification of enactments: making conversion decisions)—
(a)in paragraph 2(a), for the modified section 1(2) substitute (13)—
“(2) Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and is entitled to an existing award of incapacity benefit or severe disablement allowance.”;
(b)for paragraph 6, substitute (14)—
“6. Schedule 1 to the 2007 Act(15) is to be read as if paragraphs 1 to 6 were omitted.”;
(c)in the heading to Part 2, for “the 2008 Regulations” substitute “the ESA Regulations”;
(d)in paragraph 10, for “Regulation 30” substitute “Regulation 26”(16);
(e)omit paragraph 10A(17);
(f)in paragraph 11, for “Regulation 75” substitute “Regulation 68”(18);
(g)in paragraph 12, for “Regulation 144” substitute “Regulation 85”(19);
(h)in the sub-heading to Part 3, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”;
(i)in paragraph 13(20)—
(i)for “Regulation 32 of the Social Security (Claims and Payments) Regulations 1987” substitute “Regulation 38 of the Claims and Payments Regulations”;
(ii)in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (2)”;
(iii)in sub-paragraph (b), for “paragraph (1A)” substitute “paragraph (3)”.
21.—(1) Schedule 2 (modification of enactments: after the conversion phase) is amended as follows.
(2) In paragraph 2—
(a)in sub-paragraph (a), in the modified section 1(2)(21)–
(i)in paragraph (a), for “or awards into a single award of an employment and support allowance;” substitute “into an award of an employment and support allowance; and”;
(ii)omit paragraph (c) and for “; and” at the end of paragraph (b) substitute “,”;
(b)in sub-paragraph (b) in the modified section 1(7)—
(i)in the definition of “contributory allowance”, for “; and” substitute “.”;
(ii)omit the definition of “income-related allowance”.
(3) In paragraph 3(b), for “regulation 147A of the 2008 Regulations” substitute “regulation 87 of the ESA Regulations”(22).
(4) Omit paragraphs 4 and 4A(23).
(5) In paragraph 6A(24)—
(a)in sub-paragraph (a), after paragraph (iv) insert “and”;
(b)in sub-paragraph (b), for “; and” substitute “.”;
(c)omit sub-paragraph (c).
(6) In the heading to Part 3, for “the 2008 Regulations” substitute “the ESA Regulations”.
(7) In paragraph 8, for “regulation 147A of the 2008 Regulations” substitute “regulation 87 of the ESA Regulations”(25).
(8) In paragraph 10, for “regulation 30” substitute “regulation 26”(26).
(9) For paragraph 11, substitute(27)—
“11. Regulation 39 (exempt work) is to be read as if, in the definition of “work period” in paragraph (6), after “referred to in paragraph (1)(c)”, in both places where it occurs, there were inserted
“, or any work done in accordance with regulation 17(4)(a) of the Social Security (Incapacity for Work)(General) Regulations 1995(28),”.”.
(10) For paragraph 12, substitute(29)—
“12. Regulation 62 (prescribed amounts) is to be read as if, in paragraph (1), for sub-paragraphs (a) and (b) there were substituted—
“(a)(i)where the claimant satisfies the conditions set out in section 2(2) or (3) of the Act, £71.70; or
(ii)where the claimant does not satisfy the conditions set out in section 2(2) or (3) of the Act—
(aa)where the claimant is aged not less than 25, £71.70; or
(bb)where the claimant is aged less than 25, £56.80; and
(b)the amount of any transitional addition to which the person is entitled under regulation 10 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010.”.”
(11) Omit paragraph 13(30).
(12) In paragraph 14(31)—
(a)for “Regulation 75” substitute “Regulation 68”;
(b)for “paragraph 38” substitute “paragraph 11”.
(13) In paragraph 15—
(a)in the introductory words(32), for “Regulation 147A” substitute “regulation 87”;
(b)in the inserted regulation(33)—
(i)in the description of the number of the regulation, for “147A.—” substitute “87.—”;
(ii)in paragraph (2), for “regulation 19” substitute “regulation 15”;
(iii)in paragraph (4)(a), for “regulation 22 or 23” substitute “regulation 18 or 19”;
(iv)for “regulation 30”, in all places where it occurs, substitute “regulation 26”;
(v)in paragraph (5)(c), for the words from “, struck out” to “(notice of appeal)”, substitute “or struck out”;
(vi)in paragraph (5A), for “either—” and sub-paragraphs (a) and (b), substitute “receives the First-tier Tribunal’s notification that the appeal is dismissed, withdrawn or struck out.”.
(14) Omit paragraph 16(34).
(15) In the sub-heading before paragraph 17, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”.
(16) In paragraph 17, for “The Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”(35).
(17) For paragraph 18 substitute(36)—
“18. Regulation 7 (claims not required for entitlement to an employment and support allowance in certain cases) is to read as if—
(a)the existing provisions were renumbered as paragraph (1);
(b)after paragraph (1) there were inserted—
“(2) It is also not to be a condition of entitlement to an employment and support allowance that a claim be made for it where any of the following conditions are met—
(a)the claimant—
(i)has made and is pursuing an appeal against a conversion decision made by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 which embodies a determination that the beneficiary does not have limited capability for work; or
(ii)was entitled to an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and has made and is pursuing an appeal against a later decision which embodies a determination that the claimant does not have limited capability for work; or
(b)the claimant is entitled to an existing award which is subject to conversion under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010.”.”.
(18) In paragraph 19, for “regulation 26C” substitute “regulation 51”(37).
(19) In paragraph 20(38)—
(a)for “regulation 32(1B)” substitute “regulation 38(4)”;
(b)in sub-paragraph (a), for the words “sub-paragraph (a)” substitute “sub-paragraph (b)”;
(c)in sub-paragraph (b), for “(ab)” substitute “(bb)”.
(20) Omit paragraph 21(39).
(21) In paragraph 22, for “Schedule 9B” substitute “Schedule 7”(40).
(22) In paragraph 22A(41), in the inserted text omit paragraph (2B).
(23) In paragraph 23(42), in the inserted text omit paragraph (2B).
(24) In paragraph 24(43), in the inserted text omit paragraph (2B).
(25) In paragraph 25(44), in the inserted text omit paragraph (2B).
(26) In the sub-heading before paragraph 25A, for “Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013”.
(27) In paragraph 25A(45)—
(a)in sub-paragraph (1), for “Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions)” substitute “Regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (revision on any grounds)”;
(b)in sub-paragraph (1)(b), for “paragraph (9)(a)” substitute “paragraphs (2)(a) and (b)”;
(c)for sub-paragraph (1)(c), substitute—
“(c)in paragraph (2)(a), for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013” there were substituted, “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010”.”;
(d)for sub-paragraph (2), substitute—
“(2) Regulation 23(1)(a) of those Regulations (change of circumstances) is to be read as if for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013” there were substituted “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010".”.
(28) Omit paragraph 27(46).
22. In Schedule 3—
(a)for “The Social Security (Claims and Payments) Regulations 1987” substitute “the Claims and Payments Regulations”;
(b)for “ The Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “the Decisions and Appeals Regulations”.
The definition of “relevant deduction” was amended by S.I. 1988/522, 1992/1026, 2001/18, 2002/2441, 2002/3019 and 2002/3197.
Regulation 7(1) was amended by S.I. 2010/2430 and 2012/913; regulation 7(2) was inserted by S.I. 2010/2430 and regulation 7(3) was inserted by S.I. 2012/913.
Regulation 8(1) was amended by S.I. 2010/2430.
c.5. Relevant amendments of section 150 of the Social Security Administration Act 1992 were made by section 2(3) of the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 21 of Schedule 11(2) to the Pensions Act 2004 (c. 35), section 6(2) of the Pensions Act 2007 (c. 22) and section 97(5) of the Welfare Reform Act 2012 (c.5).
Regulation 14(1) was amended by S.I. 2010/2430. Regulation 14(2A) and (2B) were inserted by S.I. 2010/2430. Regulation 14(3) to (7) were substituted for regulation 14(3) and (4) by S.I. 2010/2430.
Regulation 15(1) was amended by S.I. 2010/2430. Regulation 15(2A) and (2B) were inserted by S.I. 2010/2430; regulation 15(6) and (7) were substituted for regulation 15(6) by S.I. 2010/2430.
Regulation 16(1A) was inserted by S.I. 2012/757.
Regulation 17 was amended by S.I. 2010/2430.
Regulation 21 was amended by S.I. 2010/2430, 2012/913 and 2012/919.
Paragraph 2 was substituted by S.I. 2010/2430.
Paragraph 6 was amended by S.I. 2010/2430.
Schedule 1 was amended by paragraph 11 of Schedule 1(3) to the Pensions Act 2007 (c. 22), section 13 of the Welfare Reform Act 2009 (c. 24) and by paragraph 65 of Schedule 2, paragraph 26 of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5).
Paragraph 10 was amended by S.I. 2010/2430.
Paragraph 10A was inserted by S.I. 2010/2430.
Paragraph 11 was amended by S.I. 2010/2430.
Paragraph 12 was amended by S.I. 2010/2430.
Paragraph 13 was amended by S.I. 2010/2430.
Paragraph 2(a) was amended by S.I. 2010/2430.
Paragraph 3(b) was amended by S.I. 2010/2430.
Paragraph 4 was amended by, and paragraph 4A was inserted by, S.I. 2010/2430.
Paragraph 6A was inserted by S.I. 2010/2430.
Paragraph 8 was amended by S.I. 2010/2430.
Paragraph 10 was amended by S.I. 2010/2430.
Paragraph 11 was amended by S.I. 2010/2430.
S.I. 1995/311. Regulation 17(4)(a) was amended by S.I. 2010/840 and 2011/674.
Paragraph 12 was amended by S.I. 2010/2430.
Paragraph 13 was amended by S.I. 2010/2430.
Paragraph 14 was amended by S.I. 2010/2430.
The introductory words were amended by S.I. 2010/840 and 2010/2430.
Paragraph (5)(c) of regulation 147A of S.I. 2008/794, as substituted by paragraph 15, was amended by S.I. 2000/1596, 2002/1379, 2008/2683, 2010/2430 and 2011/2425. Paragraph 5A of the substituted regulation 147A was inserted by S.I. 2011/2425.
Paragraph 16 was amended by S.I. 2010/2430.
Paragraph 17 was amended by S.I. 2010/2430.
Paragraph 18 was amended by S.I. 2010/840 and 2010/2430.
Paragraph 19 was amended by S.I. 2008/1554 and 2010/2430.
Paragraph 20 was amended by S.I. 2010/2430.
Paragraph 21 was amended by S.I. 2010/2430.
Paragraph 22 was amended by S.I. 2001/18 and 2010/2430.
Paragraph 22A was inserted by S.I. 2010/2430.
Paragraph 23 was amended by S.I. 2010/2430.
Paragraph 24 was amended by S.I. 2008/1554 and 2010/2430.
Paragraph 25 was amended by S.I. 2008/1554 and 2010/2430.
Paragraph 25A was inserted by S.I. 2010/2430.
Paragraph 27 was inserted by S.I. 2011/2425.