The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012

2012 No. 919

Social Security

The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012

Made 21th March 2012

Laid before Parliament 26th March 2012

Coming into force in accordance with regulation 1(2)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 135(1) and 137(1) of the Social Security Contributions and Benefits Act 19921, sections 9(1)(a) and 84 of the Social Security Act 19982and sections 2(4), 4(2)(a) and (6), 24(1) and (2)(b) and 25(2) of, and paragraphs 1, 4 and 9 of Schedule 2 and paragraphs 1(1), 7(1) and 8(1) of Schedule 4 to, the Welfare Reform Act 20073.

The Social Security Advisory Committee has agreed that the proposals in these Regulations should not be referred to it4.

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned5.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012.

(2) These Regulations come into force on 1st May 2012 immediately after the commencement of the Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 20126.

S-2 Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

2. In regulation 3(5F)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 19997(revision of decisions) omit “and (2)”.

S-3 Amendments to the Housing Benefit Regulations 2006

Amendments to the Housing Benefit Regulations 2006

3. In Schedule 3 to the Housing Benefit Regulations 20068(applicable amounts)—

(a) in paragraph 28(1)(b) for “104” substitute “12”;

(b) insert “and” at the end of paragraph 28(1)(c);

(c) omit paragraph 28(1)(d); and

(d) for paragraph 29(1)(c) substitute–

“(c)

“(c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and”.

S-4 Amendments to the Council Tax Benefit Regulations 2006

Amendments to the Council Tax Benefit Regulations 2006

4. In Schedule 1 to the Council Tax Benefit Regulations 20069(applicable amounts)—

(a) in paragraph 28(1)(b) for “104” substitute “12”;

(b) insert “and” at the end of paragraph 28(1)(c);

(c) omit paragraph 28(1)(d); and

(d) for paragraph 29(1)(c) substitute–

“(c)

“(c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and”.

S-5 Amendments to the Employment and Support Allowance Regulations 2008

Amendments to the Employment and Support Allowance Regulations 2008

5.—(1) The Employment and Support Allowance Regulations 200810are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition of “work or training beneficiary”.

(3) In regulation 511(the assessment phase – previous claimants)—

(a)

(a) in paragraph (2)(a)(i) omit “or (2)”; and

(b)

(b) for paragraph (2)(b) substitute–

“(i) (b)

“(i) (b) the claimant’s current period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1),

(ii) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(iii) the previous period of limited capability for work was terminated by virtue of a determination that the claimant did not have limited capability for work,

(iv) the period for which the claimant was previously entitled was no more than 13 weeks, and

(v) a determination is made in relation to the current period of limited capability for work that the claimant has or is treated as having limited capability for work, other than under regulation 30; or

(i) (c)

(i) (c) the claimant’s current period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1),

(ii) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(iii) in relation to the previous award of an employment and support allowance, a determination was made that the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and

(iv) the period for which the claimant was previously entitled was no more than 13 weeks.”.

(4) In regulation 712(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)—

(a)

(a) for paragraph (1)(b) substitute–

“(b)

“(b) the case is a relevant linked case;”; and

(b)

(b) after paragraph (1) insert–

S-1A

“1A For the purposes of paragraph (1)(b) a relevant linked case is a case mentioned in paragraph (1B) where a period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1).

S-1B

1B Paragraph (1A) applies to the following cases—

(a) case 1 is where–

(i) the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work, and

(ii) the previous period for which the claimant was entitled to an employment and support allowance was terminated other than by virtue of a determination that the claimant did not have limited capability for work;

(b) case 2 is where–

(i) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

(iii) the previous period for which the claimant was entitled to an employment and support allowance was terminated by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and

(iv) it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30;

(c) case 3 is where–

(i) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

(iii) the previous period for which the claimant was entitled to an employment and support allowance was terminated before it could be determined whether the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and

(iv) it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30; and

(d) case 4 is where–

(i) the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work,

(ii) the previous period for which the claimant was entitled to an employment and support allowance was terminated because it was determined that the claimant did not have limited capability for work or was treated as not...

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