The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008
2008 No. 1879
Social Security
The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008
Made 16th July 2008
Laid before Parliament 18th July 2008
Coming into force 27th October 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 28(2) of the Welfare Reform Act 20071.
This Instrument contains only Regulations made consequential upon Part 1 of the Welfare Reform Act 2007 and is made before the end of the period of 6 months beginning with the coming into force of that Part2.
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 and come into force on 27th October 2008.
(2) These Regulations extend to England and Wales and Scotland except as provided below.
(3) Where an enactment that is amended by these Regulations has a more limited extent than that referred to in paragraph (2), the amendment has the same extent as the enactment to which it refers.
PART 2
Employment
Amendment of the Employment Rights Act 1996
2. In section 90 of the Employment Rights Act 19963(short-term incapacity benefit and industrial injury benefit)—
(a) in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”; and
(b) in subsection (1)(b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.
Amendment of the National Minimum Wage Regulations 1999
3. In regulation 12(11)(b)(i) of the National Minimum Wage Regulations 19994(workers who do not qualify for the national minimum wage) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
PART 3
Children and Education
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
4. In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 19975(remission of charges for school meals) after sub-paragraph (c) add—
“or
(d)
(d) an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
5. In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 19996(milk, meals and refreshment) after “income support” insert “, an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007)”.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
6. In regulation 15(5) of the Education (Student Loans) (Repayment) Regulations 20007(time for and amount of repayments)—
(a) after sub-paragraph (h) omit “and”; and
(b) after sub-paragraph (i) add—
“and
(j)
(j) employment and support allowance.”.
Amendment of the Special Guardianship Regulations 2005
7. In regulation 9(c) of the Special Guardianship Regulations 20058(cessation of financial support) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.
PART 4
Utilities
Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
8. In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 19999(special provision to be included in charges schemes) after sub-paragraph (d) insert—
“(e)
“(e) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
9. In regulation 4(2) of the Home Energy Efficiency Scheme (England) Regulations 200510(persons who may apply for a grant)—
(a) after sub-paragraph (b) omit “and”; and
(b) after sub-paragraph (c) insert—
“and
(d)
(d) an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
PART 5
Health
Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
10.—(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 200511are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “income-based jobseeker’s allowance” insert—
““income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);” .
(3) In regulation 3(3)(a)12(entitlement to benefit) after sub-paragraph (iii) insert—
“or
(iv)
(iv) an income-related employment and support allowance;”.
(4) In Schedule 213(application for benefit) in paragraph 4(1)(a)—
(a)
(a) after sub-paragraph (ii) omit “or”;
(b)
(b) at the end of sub-paragraph (iii) for “and” substitute—
“or
(iv)
(iv) an income-related employment and support allowance; and”.
PART 6
Immigration and Asylum
Amendment of the Asylum Support Regulations 2000
11. In regulation 4(6)(a) of the Asylum Support Regulations 200014(persons excluded from support)—
(a) after sub-paragraph (i) omit “or”; and
(b) after sub-paragraph (ii) add—
“or
(iii)
(iii) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
PART 7
Transport
Amendment of the Bus Service Operators Grant (England) Regulations 2002
12. In regulation 3(4) of the Bus Service Operators Grant (England) Regulations 200215(eligibility for grant) after sub-paragraph (d) insert—
“(dd)
“(dd) persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
PART 8
Courts and Tribunals
Amendment of the Community Legal Service (Financial) Regulations 2000
13. In regulation 4(2) of the Community Legal Service (Financial) Regulations 200016(eligibility, assessment, contributions)—
(a) after sub-paragraph (b) omit “, or”; and
(b) after sub-paragraph (c) insert—
“; or
(d)
(d) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,”.
Amendment of the Criminal Defence Service (General) (No 2) Regulations 2001
14.—(1) The Criminal Defence Service (General) (No 2) Regulations 200117are amended as follows.
(2) In regulation 2 (interpretation) after the definition of “funded services” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”;
(3) In regulation 5 (advice and assistance - financial eligibility)—
(a)
(a) in paragraph (8)—
(i) in sub-paragraph (d) omit “and”; and
(ii) after sub-paragraph (e) insert—
“and
(f)
(f) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”; and
(b)
(b) in paragraph (9) for “or guarantee state pension credit” substitute “guarantee state pension credit or income-related employment and support allowance”.
Amendment of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003
15. In regulation 8(1) of the Leasehold Valuation Tribunals (Fees) (England) Regulations 200318(waiver and reduction of fees)—
(a) after sub-paragraph (d) omit “or”; and
(b) after sub-paragraph (e) add—
“or
(f)
(f) an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Gender Recognition (Application Fees) Order 2006
16. In regulation 5 of the Gender Recognition (Application Fees) Order 200619(definition of qualifying benefit) after sub-paragraph (d) add—
“(e)
“(e) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Residential Property Tribunal (Fees) (England) Regulations 2006
17. In regulation 5(2) of the Residential Property Tribunal (Fees) (England) Regulations 200620(liability to pay fee and waiver of fees) after sub-paragraph (d) add—
“(e)
“(e) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006
18. In regulation 5(4) of the Criminal Defence Service (Financial Eligibility) Regulations 200621(assessment by representation authority) after sub-paragraph (c) add—
“(d)
“(d) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
Amendment of the Gambling Appeals Tribunal Fees Regulations 2006
19. In regulation...
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