This Statutory Instrument has been printed to address defects in SI 2017/204 and is being issued free of charge to all known recipients of that Statutory Instrument.
2017 No. 581
The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 15(4) and (5) and 34(1) of the Welfare Reform and Work Act 20161.
In accordance with section 173(5)(b) of the Social Security Administration Act 19922, this instrument contains only regulations made by virtue of, or consequential upon section 15 of the Welfare Reform and Work Act 2016 and is made before the end of the period of 6 months beginning with the coming into force of this section.
In accordance with section 176(1) 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.
Citation and commencement1
These Regulations may be cited as the Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 and come into force on 23rd June 2017.
Amendments to the Social Fund (Cold Weather Payments) (General) Regulations 19882
In paragraph (2) of regulation 1 (interpretation) of the Social Fund (Cold Weather Payments) (General) Regulations 19883—
a
for the definition of “member of the support group” substitute—
“member of the support group” means a person who has or is treated as having limited capability for work-related activity under Part 6 of the Employment and Support Allowance Regulations 2008;
b
for the definition of “member of the work-related activity group” substitute—
“member of the work-related activity group” means a person who has or is treated as having limited capability for work under Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008;
Amendment to the Jobseeker’s Allowance Regulations 19963
In paragraph 1(3)(e)(i) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 19964, after “(component)” insert “or who is a member of the work-related activity group”.
Amendment to the State Pension Credit Regulations 20024
In paragraph 1(2)(a)(iii)(dd) of Schedule 2 (housing costs) to the State Pension Credit Regulations 20025, for “Welfare Reform Act “(component)” substitute “Welfare Reform Act (component)”.
Amendments to the Housing Benefit Regulations 20065
1
The Housing Benefit Regulations 20066 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation)—
a
in the definition for “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group, ”;
b
in the definition for “member of the work-related activity group” for “claimant” substitute “person”.
3
In paragraph (8)(c)(ii) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—
a
omit “23 or”;
b
after “of that Schedule” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”.
4
In paragraph (8)(a) of regulation 74 (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.
5
In paragraph 1A(a) of Schedule 3 (applicable amounts) after “personally” insert “or the claimant is personally a member of the work-related activity group”.
6
In paragraph 17(2)(b)(iv)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) omit “and is engaged in remunerative work for on average not less than 16 hours per week”.
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20066
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20067 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation)—
a
in the definition for “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group”;
b
in the definition for “member of the work-related activity group” for “claimant” substitute “person”.
3
In paragraph (8) of regulation 55 (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.
Amendments to the Employment and Support Allowance Regulations 20087
1
The Employment and Support Allowance Regulations 20088 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation)—
a
in the definition for “main phase employment and support allowance” after “Act” insert “or where the claimant is a member of the work-related activity group”;
b
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 Part 5 of these Regulations other than by virtue of regulation 30 of these Regulations;
3
In paragraph (1B) of regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component arises does not apply)—
a
in sub-paragraph (a)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”;
b
in sub-paragraph (d)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”.
4
In column (1) of paragraph 1 of Part 1 of Schedule 4 (amounts)—
a
in sub-paragraph (1)(a) after “2(2) or 4(4) of the Act” insert “or who is a member of the work-related activity group”;
b
in sub-paragraph (2)(a) after “4(4) of the Act” insert “or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”;
c
in sub-paragraph (3)(c), (f) and (g) after “4(4) of the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”.
Amendment to the Employment and Support Allowance Regulations 20138
In paragraph (1)(a) and (b) of regulation 62 (prescribed amounts) of the Employment and Support Allowance Regulations 20139, after “the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 1 to Schedule 1 to the Act”.
Amendments to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 20179
In Schedule 2 (transitional and savings provisions) to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 201710—
a
in paragraph 1(2) in the definition for “a claim”—
i
for ““a claim”” substitute ““claim””;
ii
omit “making”;
iii
before “in accordance” insert “made”;
b
in paragraph 4 (claimants on incapacity benefits who have or will become notified persons) after “where the claimant” insert “has been, ”.
Transitional and savings provision10
The amendments made by regulations 2 to 8 of these Regulations do not apply where any of the circumstances in paragraph 2 to 7 of Schedule 2 (transitional and savings provisions) to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017, as amended by regulation 9 of these Regulations apply.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)