The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1554
(1) These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008.for the purposes of this Part and Part 4, except for regulation 21, on 27th July 2008; andfor all other purposes on 27th October 2008.(1) The Income Support (General) Regulations 1987 in the definition of “the benefit Acts”after the definition of “the Contributions and Benefits Act”after the definition of “employment”after the definition of “Immigration and Asylum Act”after the definition of “water charges”in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”; andafter (i) omit “or”; andafter (ii) for “and” substitute—
    or(iii) an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify under paragraphs 16 to 18 of that Schedule; and
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an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify under paragraphs 16 to 18 of that Schedule; andafter sub-paragraph (b) omit “or”; andafter sub-paragraph (c) add—
    or
  • (d) entitled to an employment and support allowance or would, but for paragraph 6(1) (d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance) , be so entitled.
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entitled to an employment and support allowance or would, but for paragraph 6(1) (d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance) , be so entitled.(5) In regulation 31(2) (6) In regulation 32(4) (b) (7) In regulation 40 (calculation of income other than earnings) after paragraph (5) is a member of a couple;his partner is receiving a contributory employment and support allowance; andthat benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,in paragraph (1) (a) (ii) in paragraph (2) (9) In regulation 73(3) in sub-paragraph (b) for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”;in sub-paragraph (e) for “or severe disablement allowance” substitute “ , severe disablement allowance or employment and support allowance ”; andin sub-paragraph (f) for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”.in sub-paragraph (3) who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components) .in sub-paragraph (4) after “disqualification etc) ” add “ or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) ”;in the heading after “allowance” insert “ , income-related employment and support allowance ”;after “income-based jobseeker's allowance” each time it occurs insert “ or income-related employment and support allowance ”; andin sub-paragraph (1) (a) after “1996” add “ or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations ”;in paragraph 4(4) (housing costs not met) after “income support” each time it occurs insert “ or income-related employment and support allowance ”;in paragraph 6(1B) in paragraph 8(1B) in sub-paragraph (5) (a) for “or incapacity benefit” substitute “ , incapacity benefit or contributory employment and support allowance ”; andafter sub-paragraph (14) add—
  • (15) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where F240a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.
; and
For the purpose of determining whether the linking rules set out in this paragraph apply in a case where F240a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.in paragraph 18(7) (non-dependant deductions) after paragraph (h) add—
  • (i) he is aged less than 25 and is in receipt of employment and support allowance which does...
he is aged less than 25 and is in receipt of employment and support allowance which does

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