1.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—
““member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—
Part 6 of the Employment and Support Allowance Regulations 2008; or
Part 5 of the Employment and Support Allowance Regulations 2013;”;
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In Schedule 3 (housing costs)—
(a)in paragraph 1 (housing costs)—
(i)in sub-paragraph (3)(d)(i)—
(aa)omit “or (3)”, “or (5)” and “(components)”;
(bb)after “Welfare Reform Act” insert “(component) or is a member of the work-related activity group”;
(ii)in sub-paragraph (3)(d)(ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;
(b)in paragraph 18 (non-dependant deductions), in sub-paragraph (7)(i) for the words from “which does not include” to the end substitute “and is not a member of the work-related activity group or a member of the support group; or”.
2.—(1) The Social Fund (Cold Weather Payments) (General) Regulations 1988(2) are amended as follows.
(2) In regulation 1 (interpretation), in paragraph (2) in the appropriate place insert—
““member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—
Part 6 of the Employment and Support Allowance Regulations 2008; or
Part 5 of the Employment and Support Allowance Regulations 2013;”;
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In regulation 1A (prescribed description of persons), in paragraph (3)(e)—
(a)for “, P’s applicable amount includes” substitute “and”;
(b)in paragraph (i) before “one or more” insert “P’s applicable amount includes”;
(c)for paragraph (ii) substitute—
“(ii)P is a member of the work-related activity group or is a member of the support group; or”.
3.—(1) The Jobseeker’s Allowance Regulations 1996(3) are amended as follows.
(2) In regulation 1 (interpretation), in paragraph (3) in the appropriate place insert—
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In Schedule 2 (housing costs)—
(a)in paragraph 1 (housing costs), in sub-paragraph (3)(e) —
(i)in sub-paragraph (i)—
(aa)omit “or (3)” and “or (5)”;
(bb)for “(components)” substitute “(component)”;
(ii)in sub-paragraph (ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;
(b)in paragraph 17 (non-dependant deductions), in sub-paragraph (7)(i)—
(i)omit “or (5)” and “(components)”;
(ii)after “Welfare Reform Act” insert “(component) and is not a member of the work-related activity group”.
4. In regulation 7 (decisions superseding earlier decisions) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(4), in paragraph (2)(o)(iv)(bb) omit “or the work-related activity component”.
5.—(1) The State Pension Credit Regulations 2002(5) are amended as follows.
(2) In regulation 1 (interpretation), in paragraph (2) in the appropriate place insert—
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In Schedule 2 (housing costs)—
(a)in paragraph 1 (housing costs), in sub-paragraph (2)(a)(iii)(dd) for “or (3) or 4(4) or (5) of the Welfare Reform Act (components) [or would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)” substitute “or 4(4) of the Welfare Reform Act “(component) or is a member of the work-related activity group or they would have been a member of the work-related activity group”;
(b)in paragraph 14 (persons residing with the claimant), in sub-paragraph (7)(g)—
(i)omit “or (5)”;
(ii)for “(components)” substitute “(component) or is not a member of the work-related activity group”.
6.—(1) The Housing Benefit Regulations 2006(6) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In regulation 22 (applicable amounts) for paragraph (e) substitute—
“(e)the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”.
(4) In regulation 23 (polygamous marriages) for paragraph (f) substitute—
“(f)the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”.
(5) In regulation 28 (treatment of child care charges), in paragraph (11)—
(a)in sub-paragraph (a)—
(i)omit “the work-related activity component”;
(ii)after “support component or” insert “the other member is a member of the work-related activity group”;
(b)in sub-paragraph (ba)—
(i)omit “the work-related activity component”;
(ii)after “support component or” insert “the other member would be a member of the work-related activity group”.
(6) In regulation 74 (non-dependant deductions) in paragraph (8)(a)—
(a)omit “and the work-related activity component”;
(b)after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.
(7) In Schedule 3 (applicable amounts)—
(a)in Part 5 (the components)—
(i)in the heading, for “components” substitute “component”;
(ii)in paragraph 21, in sub-paragraph (1)—
(aa)for “one, but not both, of the components in paragraph 23 or” substitute “the component in paragraph”;
(bb)for paragraph (b) substitute—
“(b)the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and”;
(cc)in paragraph (c)(ii) omit “or the work-related activity component”;
(iii)in paragraph 22 in sub-paragraphs (1) and (2) omit “23 or”;
(iv)omit paragraph 23;
(b)in Part 6 (amount of components)—
(i)in the heading, for “components” substitute “component”;
(ii)omit paragraph 25.
(8) In Schedule 4 (sums to be disregarded in the calculation of earnings)—
(a)in paragraph 3(2)—
(i)omit “, work-related activity component”;
(ii)after “Schedule 3 (applicable amounts)” insert “or where the claimant or the claimant’s partner is a member of the work-related activity group”;
(b)in paragraph 17, in sub-paragraph (2)(b)(iv)—
(i)in paragraph (aa)—
(aa)omit “, the work-related activity component under paragraph 23 or”;
(bb)after “of Schedule 3” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”;
(ii)in paragraph (bb)—
(aa)omit “, the work-related activity component”;
(bb)after “sub-head (aa) above,” insert “or at least one of the couple is a member of the work-related activity group”.
7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(7) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In regulation 31 (treatment of child care charges), in paragraph (11)(ba)—
(a)omit “or the work-related activity component”;
(b)after “limited capability for work” insert “or the other member of the couple would be a member of the work-related activity group”.
(4) In regulation 55 (non-dependant deductions), in paragraph (8)—
(a)omit “and the work-related activity component”;
(b)after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.
(5) In Schedule 4 (sums disregarded from claimant’s earnings), in paragraph 5(1)(d)(ii) omit “or the work-related activity component”.
8.—(1) The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012(8) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) after the definition of “member of a couple” insert—
““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—
Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”.
(3) In Schedule 1 (pensioners: matters that must be included in an authority’s scheme), in paragraph 25 (treatment of child care charges), in sub-paragraph (10)(c)—
(a)omit “or the work-related activity component”;
(b)after “limited capability for work” insert “or the other member of the couple would be a member of the work-related activity group”.
(4) In Schedule 4 (sums disregarded from the applicant’s earnings), in paragraph 5, in sub-paragraph (1)(d)(ii) omit the words “or the work-related activity component”.
9.—(1) The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013(9) is amended as follows.
(2) In article 10 (limited capability for work or work-related activity: transition from old style ESA), in paragraph (2)(c) omit “or the work-related activity component”.
(3) In article 11 (limited capability for work or work-related activity: transition from new style ESA), in paragraph (2)(c) omit “or the work-related activity component”.
S.I. 1987/1967; relevant amending instruments are S.I. 1995/1613, 2008/1554, 2008/2428, 2012/913 and 2013/443.
S.I. 1988/1724; relevant amending instruments are S.I. 1991/2448 and 2013/248.
S.I. 1996/207; relevant amending instruments are S.I. 2008/1554, 2008/2428, 2012/913 and 2013/443.
S.I. 2001/1002; relevant amending instruments are S.I. 2008/1082 and 2008/2428.
S.I. 2002/1792; relevant amending instruments are S.I. 2008/1554, 2008/2428, 2012/913 and 2013/443.
S.I. 2006/213; relevant amending instruments are S.I. 2008/1042, 2008/1082, 2008/2428, 2013/443, 2013/630 and 2015/457.
S.I. 2006/214; relevant amending instruments are S.I. 2007/2869, 2008/1082, 2009/583 and 2013/630.
S.I. 2012/2885, amended by S.I. 2014/3312.
S.I. 2013/983, relevant amending instruments are S.I. 2013/1511 and S.I. 2014/1452.