The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1879
(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.
  • in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”; and
  • in subsection (1) (b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
  • an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999
  • after sub-paragraph (h) omit “and”; and
  • after sub-paragraph (i) add—
  • employment and support allowance.
  • In regulation 9(c) of the Special Guardianship Regulations 2005
  • In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • after sub-paragraph (b) omit “and”; and
  • after sub-paragraph (c) insert—
  • an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (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) F51In regulation 3(3) (a) (entitlement to benefit) after sub-paragraph (iii) insert—
      or(iv) an income-related employment and support allowance;
    .
    an income-related employment and support allowance;after sub-paragraph (ii) omit “or”;at the end of sub-paragraph (iii) for “and” substitute—
      or(iv) an income-related employment and support allowance; and
    .
    an income-related employment and support allowance; and
  • after sub-paragraph (i) omit “or”; and
  • after sub-paragraph (ii) add—
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
  • In regulation 3(4) of the Bus Service Operators Grant (England) Regulations 2002
  • persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
  • after sub-paragraph (b) omit “, or”; and
  • after sub-paragraph (c) insert—
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,(1) The Criminal Defence Service (General) (No 2) Regulations 2001 (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) ;
    ;
    in sub-paragraph (d) omit “and”; andafter sub-paragraph (e) insert— ; andincome-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.in paragraph (9) for “or guarantee state pension credit” substitute “guarantee state pension credit or income-related employment and support allowance”.
  • after sub-paragraph (d) omit “or”; and
  • after sub-paragraph (e) add—
  • an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • In regulation 5 of the Gender Recognition (Application Fees) Order 2006
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • In regulation 5(2) of the Residential Property Tribunal (Fees) (England) Regulations 2006
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • In regulation 5(4) of the Criminal Defence Service (Financial Eligibility) Regulations 2006
  • income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1) The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 after the definition of “claimant” insert—
      contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
    ; and
    after the definition of “week” insert— ; andafter paragraph (4) two or more periods of entitlement to employment and support allowance are linked together if they satisfy the conditions in regulation 145 of the Employment and Support Allowance Regulations 2008 a period of entitlement to employment and support allowance is linked together with a period of entitlement to statutory sick pay if it follows that period within 12 weeks.in the heading for “or incapacity for work” substitute “, incapacity for work or limited capability for work”;after sub-paragraph (c) for “or” substitute—
    • (cc) is paid an employment and support allowance under Part 1 of the Welfare Reform Act, or
    ; and
    is paid an employment and support allowance under Part 1 of the Welfare Reform Act, orin sub-paragraph (d) after “on the grounds of incapacity for work” insert “or limited capability for work”;after “paragraph (1) (c) ” insert “or employment and support allowance as specified in

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