The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/2428

2008No. 2428

SOCIAL SECURITY

The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008

8thSeptember2008

17thSeptember2008

27thOctober2008

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 135(1), 136(3), 137(2)(h) and 175(1) and (4) of the Social Security Contributions and Benefits Act 1992 1, paragraphs 4(6), 20(1)(b) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 2, sections 2(1), 3(2) and (3), 4(2), 5(3), 8(1), (2)(a) and (b), 9 (1), (2)(a) and (b), 17(1), (2) and (3)(b), 18(4), 24(1), 25(1), (2), (3) and (5)(a) and 28(2) of, and paragraphs 1(4) and 6 of Schedule 1 and paragraphs 1(a), 2 and 10 of Schedule 2 to, the Welfare Reform Act 2007 3.

These Regulations are made by virtue of, or consequential on, the provisions of the Welfare Reform Act 2007 and are made before the end of a period of 6 months beginning with the coming into force of those provisions 4.

In accordance with section 176(1) of the Social Security Administration Act 1992 5 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation, commencement and interpretation

1.-

(1) These Regulations may be cited as the Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008.

(2) These Regulations shall come into force on 27th October 2008.

(3) In these Regulations "the principal Regulations" means the Employment and Support Allowance Regulations 2008 6.

PART 1

General amendments of the principal Regulations

Amendment of the principal Regulations

2.The principal Regulations are amended as provided in this Part and in Part 2 and references in this Part and in Part 2 to a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule of that number in the principal Regulations.

Amendment of Part 1 of the principal Regulations

3.In regulation 2(1) (interpretation)-

(a) after the definition of "attendance allowance" insert-

"basic rate" has the same meaning as in the Income Tax Act 2007 7 (see section 989 of that Act);;

(b) omit the definitions of "Independent Living (Extension) Fund", "Independent Living Fund", "Independent Living (1993) Fund", "Independent Living Funds" and "starting rate"; and(c) after the definition of "sports award" insert-

"state pension credit" means a state pension credit under the State Pension Credit Act 2002 8;.

Amendment of Part 3 of the principal Regulations

4.In regulation 9 (condition relating to youth - claimants aged 20 or over but under 25) after paragraph (5) add-

(6) A claimant is to be treated as not having limited capability for work on a day which is not, for the purposes of paragraph 4(1)(d)(ii) of Schedule 1 to the Act (period of 196 consecutive days preceding the relevant period of limited capability for work), part of any consecutive days of limited capability for work..

Amendment of Part 5 of the principal Regulations

5.-

(1) In regulation 26 (claimants receiving certain regular treatment) for paragraph (2) substitute-

(2) A claimant who receives the treatment referred to in paragraph (1) is only to be treated as having limited capability for work from the first week of treatment in which the claimant undergoes no fewer than-

(a) two days of treatment;(b) two days of recovery from any of the forms of treatment listed in paragraph 1(a) to (c); or(c) one day of treatment and one day of recovery from that treatment,

but the days of treatment or recovery from that treatment or both need not be consecutive.

(2) In regulation 32 (certain claimants to be treated as not having limited capability for work)-

(a) renumber regulation 32 as 32(1);(b) in paragraph (1), after "claimant" insert "who is or has been a member of Her Majesty's forces"; and(c) after paragraph (1) add-

(2) A claimant is to be treated as not having limited capability for work on any day on which the claimant attends a training course in respect of which the claimant is paid a training allowance or premium pursuant to arrangements made under section 2 of the Employment and Training Act 1973 9 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 10.

(3) Paragraph (2) is not to apply-

(a) for the purposes of any claim to employment and support allowance for a period commencing after the claimant ceased attending the training course in question; or(b) where any training allowance or premium paid to the claimant is paid for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 2 of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990..

Amendment of Part 7 of the principal Regulations

6.-

(1) In regulation 40(6) (a claimant who works to be treated as not entitled to an employment and support allowance) for "paragraph (5) above" substitute "paragraph (4)".

(2) In regulation 45(3) and (4) (exempt work) for "£88.50" substitute "£92.00".

Amendment of Part 9 of the principal Regulations

7.-

(1) After regulation 72 (permanent health insurance) insert-

Financial Assistance Scheme

72A.-

(1) For the purposes of sections 2(1)(c) and 3 of the Act (deductions from contributory allowance) pension payment is to include a Financial Assistance Scheme payment.

(2) In this regulation "Financial Assistance Scheme payment" means a payment made under the Financial Assistance Scheme Regulations 2005 11..

(2) In regulation 74(1)(a) (deductions for pension payment and PPF payment) for "claimant" substitute "a claimant".

(3) In regulation 76(1) (deductions for councillor's allowance) for "£88.50" substitute "£92.00".

Amendment of Part 10 of the principal Regulations

8.-

(1) In regulation 94(8) (calculation of weekly amount of income) for "paragraph (9)" substitute "paragraph (8)".

(2) In regulation 95(1) (earnings of employed earners) for "paragraphs (3) and (4)" substitute "paragraphs (2) and (3)".

(3) In regulation 99 (deduction of tax and contributions for self-employed earners)-

(a) in paragraph (1) omit "starting rate or, as the case may be, the starting rate and the"; and(b) in paragraph (2) for "starting rate" substitute "basic rate".

(4) In regulation 103 (deduction in respect of tax for participants in the self-employment route)-

(a) in paragraph (1)(c) omit "starting rate of tax or, as the case may be, the starting rate and the"; and(b) in paragraph (2) for "starting rate" substitute "basic rate".

(5) At the end of regulation 107(5)(a) (notional income - income due to be paid or income paid to or in respect of a third party) and 112(8) (income treated as capital) for "the Independent Living Funds" substitute "the Independent Living Fund (2006)".

(6) In regulation 109(2) (notional income - calculation and interpretation)-

(a) in sub-paragraph (a) omit "starting rate or, as the case may be, the starting rate and the"; and(b) in sub-paragraph (b) for "starting rate" substitute "basic rate".

(7) In regulation 111(1) (calculation of capital) for "sections 1(3)" substitute "sections 1(2)".

(8) In regulation 115(5)(a) (notional capital) and paragraph 27(1) of Schedule 9 (capital to be disregarded) for ", the Independent Living Funds" substitute ", the Independent Living Fund (2006)".

(9) In regulation 131(1) (interpretation) in the definition of "student loan" for "73(3)" substitute "73(f)".

Amendment of Part 11 of the principal Regulations

9.-

(1) In regulation 144 (waiting days)-

(a) in paragraph (2)(a) for "or statutory sick pay" substitute ", statutory sick pay or a maternity allowance"; and(b) at the end of paragraph (2)(c) add-, or(d) the claimant is the other member of a couple to whom regulation 4I(2) of the Social Security (Claims and Payments) Regulations 1987 12 applies and the former claimant was not entitled to an employment and support allowance in respect of 3 days at the beginning of the period of limited capability for work which relates to the former claimant's entitlement..

(2) In regulation 146 (advance awards), in paragraph (3)(b) for "29", substitute "30".

(3) In regulation 156(5)(d) and (6)(g) (circumstances in which a person is to be treated as being or not being a member of the household) for "Adoption Agencies Regulations 1983" substitute 13"Adoption and Children Act 2002".

Amendment of Part 12 of the principal Regulations

10.In regulation 160(3)(b) (exceptions from disqualification for imprisonment) omit "or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder)".

Amendment of Part 13 of the principal Regulations

11.In regulation 164 (assessment of income and capital in urgent cases)-

(a) in paragraph (1)(a)(i) for "the Independent Living Funds" substitute "the Independent Living Fund (2006)"; and(b) in paragraph (2)(c) omit "Part 2 or".

Amendment of Schedule 2 to the principal Regulations

12.In Schedule 2 (assessment of whether a claimant has limited capability for work)-

(a) in paragraphs 3(b) and (c) (bending or kneeling) for "pick a light object" substitute "pick up a light object";(b) in paragraph 10(c) (continence other than enuresis (bed wetting) where the claimant has an artificial stoma), re-number-(i) paragraph (iii) as (iv);(ii) paragraph (iv) as (v);(iii) paragraph (v) as (vi); and(iv) paragraph (vi) as (vii);(c) in paragraph 10(c) (continence other than enuresis (bed wetting) where the claimant has an artificial stoma), after paragraph (ii), insert-(iii) Where the claimant's artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of the bladder..(d) in paragraph 10(c)(iii) as re-numbered, in column (3) add "15";(e) in paragraph 10(c)(v) as re-numbered, for "at last once a month" substitute "at least once a month";(f) in paragraph 12(e) (learning or comprehension in the completion of tasks) omit "the...

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