The Employment and Support Allowance (Consequential Provisions) Regulations 2008
| Year | 2008 |
2008 No. 1082
Social Security
The Employment and Support Allowance (Consequential Provisions) Regulations 2008
Made 14th April 2008
Laid before Parliament 18th April 2008
Coming into force 27th October 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 130(2) to (4), 135(1), 136(3), 137(1) and (2)(d) and (i) and 175(1), (2), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(a), (i) and (p), 6(1)(a) and (k), 75(4) 189(1), (3) and (4) to (6) and 191 of the Social Security Administration Act 19922, sections 34(1), 79(1), (3), (4) and (6) and 84 of the Social Security Act 19983, paragraphs 4(6), 20(1)(b) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 20004and sections 32(1) and 34(6) of the Welfare Reform Act 20075.
These Regulations are made in consequence of the Welfare Reform Act 2007 and are made within six months beginning with the coming into force of those provisions6.
In accordance with section 176(1)7of the Social Security Administration Act 1992 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008.
PART 2
Common provisions
Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
2. In paragraph 5(2) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 20068(transitional and savings provisions), in the paragraph inserted as paragraph (4) of regulation 13 of both the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after sub-paragraph (c) insert—
“(ca)
“(ca) has limited capability for work in accordance with section 8 of the Welfare Reform Act 2007; or
(cb)
(cb) is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3. In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20019(date from which a decision superseding an earlier decision takes effect)—
(a) in paragraph (14), at the beginning insert “Subject to paragraph (17),”; and
(b) after paragraph (15) insert—
“16 Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that the claimant has a non-dependant who has become entitled to main phase employment and support allowance, the superseding decision shall take effect from the date of the decision awarding main phase employment and support allowance to the non-dependant.
17 Where the decision is superseded under regulation 7(2)(i) on the basis that the claimant or the claimant’s partner is entitled to main phase employment and support allowance, the decision shall take effect from the day on which entitlement arose if it is the first day of a benefit week or, if it is not, from the first day of the next following benefit week.
18 For the purposes of paragraphs (16) and (17)—
(a) “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007;”; and
(b) “non-dependant” has the meaning prescribed in regulation 310of the Housing Benefit Regulations.”.
PART 3
The Housing Benefit Regulations 2006
General
4. The Housing Benefit Regulations 200611are amended in accordance with this Part.
Amendment of regulation 2
5.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)
(a) in the definition of “appropriate DWP office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
(b)
(b) in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act”;
(c)
(c) after the definition of “the Consequential Provisions Regulations” insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;
(d)
(d) after the definition of “employed earner” insert—
““Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 200812;”;
(e)
(e) after the definition of “an income-based jobseeker’s allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;
(f)
(f) after the definition of “the Macfarlane Trust” insert—
““main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;”;
(g)
(g) in the definition of “qualifying contributory benefit”13after sub-paragraph (b) add—
“(c)
“(c) contributory employment and support allowance;”;
(h)
(h) in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
“(c)
“(c) income-related employment and support allowance;”;
(i)
(i) after the definition of “water charges” insert—
““Welfare Reform Act” means the Welfare Reform Act 2007;”.
(3) After paragraph (3) insert—
“3A For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—
(a) in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
(b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.”.
Amendment of regulation 5
6. In regulation 5(1)(b) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker’s allowance” substitute “, on an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 6
7. In regulation 6(6) (remunerative work) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 10
8. In regulation 10(3B)(k)14(persons from abroad) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 11
9. In regulation 11 (eligible housing costs)—
(a) in paragraph (2) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance” ; and
(b) in paragraph (4) for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 19
10. In regulation 19(2)(a)15(persons of prescribed description) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 22
11. In regulation 22 (applicable amounts) after sub-paragraph (d) add—
“(e)
“(e) the amount of either the—
(i) work-related activity component; or
(ii) the support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).”.
Amendment of regulation 23
12. In regulation 23 (polygamous marriages) after sub-paragraph (e) add—
“(f)
“(f) the amount of either the—
(i) work-related activity component; or
(ii) the support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).”.
Amendment of regulation 26
13. In regulation 26(1) (circumstances in which income of non-dependant is to be treated as claimant’s) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 28
14. In regulation 28 (treatment of child care charges)—
(a) in paragraph (2)—
(i) after sub-paragraph (b) insert—
“(ba)
“(ba) is paid an employment and support allowance;” and
(ii) in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work”;
(b) in paragraph (3)(a) after “short-term incapacity benefit” insert “, an employment and support allowance”;
(c) in paragraph (11)16—
(i) in sub-paragraph (a) after “incapacity” add “or the support component or the work-related activity component on account...
To continue reading
Request your trial