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The Employment and Support Allowance (Consequential Provisions) Regulations 2008

Consolidated Text As Enacted Cited authorities 59 Cited in Amendments 22 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/1082
Year2008
  • These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008.
  • In paragraph 5(2) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
    • has limited capability for work F51within the meaning of section 1(4) of the Welfare Reform Act 2007; oris 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(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “relevant decision” add— .in sub-paragraph (i) at the beginning insert “except where sub-paragraph (o) applies,”; andafter sub-paragraph (n) add—
    • (o) where—(i) the claimant has been awarded entitlement to housing benefit or council tax benefit;(ii) the claimant or the claimant’s partner has made a claim for employment and support allowance;(iii) subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; and(iv) either—(aa) the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or(bb) regulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
    .    the claimant has been awarded entitlement to housing benefit or council tax benefit;the claimant or the claimant’s partner has made a claim for employment and support allowance;subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; andthe assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; orregulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14C) insert—
    • (14D) Where the decision is superseded in accordance with regulation 7(2) (o) , the decision shall take effect from—
    • (a) the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2) (o) (iii) ; or
    • (b) the first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act,
      • if that day is the first day of the benefit week but, if it is not, from the next following such day.
    the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2) (o) (iii) ; orthe first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act,
  • The Housing Benefit Regulations 2006
    • (1) Regulation 2 (interpretation) is amended as follows.in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance ”;in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act ”;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;
    ;    after the definition of “employed earner” insert—
      “Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 ;
    ;    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;
    ;    after the definition of “Jobseeker’s Allowance Regulations” insert—
      • “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
      • “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
    ;    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;
    ;    in the definition of “qualifying contributory benefit”contributory employment and support allowance;in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—
    • (c) income-related employment and support allowance;
    ;    income-related employment and support allowance;after the definition of “water charges” insert— .(3) After paragraph (3) insert—
    • (3A) For the purposes of these Regulations, a person is on an income-related...

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