The Employment and Support Allowance Regulations 2008

Publication Date:January 01, 2008

2008No. 794

SOCIAL SECURITY

The Employment and Support Allowance Regulations 2008

25thMarch2008

27thMarch2008

CONTENTS

PART 1

GENERAL

1. Citation and commencement

2. Interpretation

3. Rounding of fractions

PART 2

THE ASSESSMENT PHASE

4. The end of the assessment phase

5. The assessment phase - previous claimants

6. The assessment phase - claimants appealing against a decision

7. 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

PART 3

CONDITIONS OF ENTITLEMENT - CONTRIBUTORY ALLOWANCE

8. Relaxation of the first contribution condition

9. Condition relating to youth - claimants aged 20 or over but under 25

10. Condition relating to youth - previous claimants

11. Condition relating to youth - residence or presence

12. Condition relating to youth - full-time education

13. Modification of the relevant benefit year

PART 4

CONDITIONS OF ENTITLEMENT - INCOME-RELATED ALLOWANCE

14. Meaning of education

15. Claimants to be treated as receiving education

16. Claimants not to be treated as receiving education

17. Courses of study

18. Circumstances in which the condition that the claimant is not receiving education does not apply

PART 5

LIMITED CAPABILITY FOR WORK

19. Determination of limited capability for work

20. Certain claimants to be treated as having limited capability for work

21. Information required for determining capability for work

22. Failure to provide information in relation to limited capability for work

23. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work

24. Matters to be taken into account in determining good cause in relation to regulations 22 or 23

25. Hospital in-patients

26. Claimants receiving certain regular treatment

27. Claimant to be treated as having limited capability for work throughout a day

28. Night workers

29. Exceptional circumstances

30. Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made

31. Claimant who claims jobseeker's allowance to be treated as not having limited capability for work

32. Certain claimants to be treated as not having limited capability for work

33. Additional circumstances where claimants are to be treated as having limited capability for work

PART 6

LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

34. Determination of limited capability for work-related activity

35. Certain claimants to be treated as having limited capability for work-related activity

36. Information required for determining capability for work-related activity

37. Failure to provide information in relation to work-related activity

38. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

39. Matters to be taken into account in determining good cause in relation to regulations 37 or 38

PART 7

EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE

40. A claimant who works to be treated as not entitled to an employment and support allowance

41. Meaning of "remunerative work" for the purposes of paragraph 6(1)(e) of Schedule 1 to the Act

42. Meaning of "remunerative work" for the purposes of paragraph 6(1)(f) of Schedule 1 to the Act

43. Circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work

44. Claimants who are treated as not entitled to any allowance at all by reason of regulation 40(1) are to be treated as not having limited capability for work

45. Exempt work

46. Effect of work on entitlement to contributory allowance where claimant is receiving certain regular treatment

PART 8

CONDITIONALITY

CHAPTER 1

Work-focused health-related assessment

47. Requirement to take part in a work-focused health-related assessment

48. Work-focused health-related assessment

49. Notification of assessment

50. Determination of the place of the work-focused health-related assessment

51. Taking part in a work-focused health-related assessment

52. Deferral of requirement to take part in a work-focused health-related assessment

53. Failure to take part in a work-focused health-related assessment

CHAPTER 2

Work-focused interviews

54. Requirement to take part in a work-focused interview

55. Work-focused interview

56. Notification of interview

57. Taking part in a work-focused interview

58. Action plan

59. Deferral of requirement to take part in a work-focused interview

60. Requirement to take part in a work-focused interview not to apply

61. Failure to take part in a work-focused interview

62. Contracting out certain functions relating to work-focused interviews

CHAPTER 3

Reduction of employment and support allowance

63. Reduction of employment and support allowance

64. Cessation of reduction

CHAPTER 4

Notification

65. Notification under this Part

CHAPTER 5

Modification of the Act in relation to claims to which section 5(1)(c) of the Administration Act applies

66. Modifications of the Act

PART 9

AMOUNTS OF ALLOWANCE

CHAPTER 1

Prescribed amounts

67. Prescribed amounts

68. Polygamous marriages

69. Special cases

70. Special cases: supplemental - persons from abroad

71. Definition of non-dependant

CHAPTER 2

Deductions from the contributory allowance

72. Permanent health insurance

73. Councillor's allowance

74. Deductions for pension payment and PPF payment

75. Payments treated as not being payments to which section 3 applies

76. Deductions for councillor's allowance

77. Date from which payments are to be taken into account

78. Date from which a change in the rate of the payment takes effect

79. Calculation of payment made other than weekly

CHAPTER 3

Statutory payments

80. Effect of statutory maternity pay on a contributory allowance

81. Effect of statutory adoption pay on a contributory allowance

82. Effect of additional statutory paternity pay on a contributory allowance

PART 10

INCOME AND CAPITAL

CHAPTER 1

General

83. Calculation of income and capital of members of claimant's family and of a polygamous marriage

84. Income of participants in the self-employment route

85. Liable relative payments

86. Child support

87. Calculation of income and capital of students

88. Calculation of income which consists of earnings of participants in exempt work

89. Calculation of income where pension payments, PPF periodic payments or councillor's allowance payable

CHAPTER 2

Income

90. Calculation of income

91. Calculation of earnings derived from employed earner's employment and income other than earnings

92. Calculation of earnings of self-employed earners

93. Date on which income is treated as paid

94. Calculation of weekly amount of income

CHAPTER 3

Employed earners

95. Earnings of employed earners

96. Calculation of net earnings of employed earners

CHAPTER 4

Self-employed earners

97. Earnings of self-employed earners

98. Calculation of net profit of self-employed earners

99. Deduction of tax and contributions for self-employed earners

CHAPTER 5

Participants in the self-employment route

100. Interpretation

101. Treatment of gross receipts of participants in the self-employment route

102. Calculation of income of participants in the self-employment route

103. Deduction in respect of tax for participants in the self-employment route

CHAPTER 6

Other income

104. Calculation of income other than earnings

105. Capital treated as income

106. Notional income - deprivation and income on application

107. Notional income - income due to be paid or income paid to or in respect of a third party

108. Notional income - other income

109. Notional income - calculation and interpretation

CHAPTER 7

Capital

110. Capital limit

111. Calculation of capital

112. Income treated as capital

113. Calculation of capital in the United Kingdom

114. Calculation of capital outside the United Kingdom

115. Notional capital

116. Diminishing notional capital rule

117. Capital jointly held

118. Calculation of tariff income from capital

CHAPTER 8

Liable relatives

119. Interpretation

120. Treatment of liable relative payments

121. Disregard of payments treated as not relevant income

122. Period over which periodical payments are to be taken into account

123. Period over which payments other than periodical payments are to be taken into account

124. Calculation of the weekly amount of a liable relative payment

125. Date on which a liable relative payment is to be treated as paid

126. Liable relative payments to be treated as capital

CHAPTER 9

Child support

127. Treatment of child support maintenance

128. Calculation of the weekly amount of payments of child support maintenance

129. Date on which child support maintenance is to be treated as paid

130. Disregard of payments treated as not relevant income

CHAPTER 10

Students

131. Interpretation

132. Calculation of grant income

133. Calculation of covenant income where a contribution is assessed

134. Calculation of covenant income where no grant income or no contribution is assessed

135. Relationships with amounts to be disregarded under Schedule 8

136. Other amounts to be disregarded

137. Treatment of student loans

138. Treatment of payments from access funds

139. Treatment of fee loans

140. Disregard of contribution

141. Further disregard of student's income

142. Income treated as capital

143. Disregard of changes occurring during summer vacation

PART 11

SUPPLEMENTARY PROVISIONS

CHAPTER 1

Miscellaneous

144. Waiting days

145. Linking rules

146. Advance awards

147. Recovery orders

CHAPTER 2

Work or training beneficiaries

148. Work or training beneficiaries

149. Linking rules - limited capability for work

150. Linking rules - limited capability for work-related activity

CHAPTER 3

Temporary absence from Great Britain

151. Absence from Great Britain

152. Short absence

153. Absence to receive medical treatment

154. Absence in order to receive NHS...

To continue reading

Request your trial