The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/913

2012 No. 913

Social Security

The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012

Made 21th March 2012

Laid before Parliament 26th March 2012

Coming into force 1st May 2012

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 22(5), 122(1), 123(1)(a), (d) and (e), 124(1)(d), 135(1), 137(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 4(5), 35(1) and 36(2) of the Jobseekers Act 19952, sections 9(1)(a), 79(1) and (4) and 84 of the Social Security Act 19983, sections 2(3)(b) and 17(1) of the State Pension Credit Act 20024and sections 2(4)(a), 4(2)(a) and (6)(a), 24(1), 25(2) and 28(2) of, and paragraph 2 of Schedule 2 and paragraphs 1(1) and 7(1) and (2)(f) of Schedule 4 to, the Welfare Reform Act 20075.

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 concerned6.

This instrument contains only regulations made by virtue of, or consequential upon, sections 51 and 52 of the Welfare Reform Act 20127and is made before the end of the period of 6 months beginning with the coming into force of those sections8.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012.

(2) These Regulations come into force on 1st May 2012.

S-2 Amendment to the Social Security (Credits) Regulations 1975

Amendment to the Social Security (Credits) Regulations 1975

2. After regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 19759(credits for incapacity for work or limited capability for work) insert—

“(iva)

“(iva) would have been a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) where the person concerned would have been entitled to an employment and support allowance but for the application of section 1A of that Act; or”.

S-3 Amendments to the Income Support (General) Regulations 1987

Amendments to the Income Support (General) Regulations 1987

3.—(1) The Income Support (General) Regulations 198710are amended as follows.

(2) In regulation 13(3)(b)(iv)11(circumstances in which persons in relevant education are to be entitled to income support) after “support component” insert “or who would be entitled to an employment and support allowance including a work-related activity component but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”.

(3) For paragraph 1(3)(d) of Schedule 312(housing costs) substitute—

“(d)

“(d) who–

(i) is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components); or

(ii) would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance).”.

S-4 Amendment to the Jobseeker’s Allowance Regulations 1996

Amendment to the Jobseeker’s Allowance Regulations 1996

4. For paragraph 1(3)(e) of Schedule 2 to the Jobseeker’s Allowance Regulations 199613(housing costs) substitute—

“(e)

“(e) who–

(i) is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components); or

(ii) would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance).”.

S-5 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

5. After regulation 3(5H) of the Social Security and Child Support (Decisions and Appeals) Regulations 199914(revision of decisions) insert—

S-5I

“5I Where—

(a) a decision to terminate a person’s entitlement to a contributory employment and support allowance is made because of section 1A of the Welfare Reform Act (duration of contributory allowance); and

(b) it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity,

the decision to terminate that entitlement may be revised.”.

S-6 Amendment to the State Pension Credit Regulations 2002

Amendment to the State Pension Credit Regulations 2002

6. In paragraph 1(2)(a)(iii)(dd) of Schedule II to the State Pension Credit Regulations 200215(housing costs) after “(components)” insert “or would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance)”.

S-7 Amendment to the Housing Benefit Regulations 2006

Amendment to the Housing Benefit Regulations 2006

7.—(1) In Schedule 3 to the Housing Benefit Regulations 200616(applicable amounts), after “converted employment and support allowance” where it appears in the paragraphs mentioned in paragraph (2), insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”.

(2) The paragraphs are—

(a)

(a) 1A(b)17(personal allowances);

(b)

(b) 21A18(the components); and

(c)

(c) 27(1)(a)19(transitional addition).

S-8 Amendment to the Council Tax Benefit Regulations 2006

Amendment to the Council Tax Benefit Regulations 2006

8.—(1) In Schedule 1 to the Council Tax Benefit Regulations 200620(applicable amounts), after “converted employment and support allowance” where it appears in the paragraphs mentioned in paragraph (2), insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”.

(2) The paragraphs are—

(a)

(a) 1A(b)21(personal allowances);

(b)

(b) 21A22(the components); and

(c)

(c) 27(1)(a)23(transitional addition).

S-9 Amendments to the Employment and Support Allowance Regulations 2008

Amendments to the Employment and Support Allowance Regulations 2008

9.—(1) The Employment and Support Allowance Regulations 200824are amended as follows.

(2) In regulation 725(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) in paragraph (1)(b) omit “or” where it appears at the end of that paragraph; and

(b)

(b) after paragraph (1)(c) add–

“; or

(d)

(d) a claimant is entitled to an employment and support allowance by virtue of section 1B of the Act26(further entitlement after time-limiting).”.

(3) In regulation 14427(waiting days) after paragraph (2)(d) add–

“; or

(e)

(e) the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act (further entitlement after time-limiting).”.

(4) For paragraph 1(3)(a) of Schedule 628(housing costs) substitute—

“(i) (a)

“(i) (a) in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii) where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowance including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of the Act (duration of contributory allowance);”.

S-10 Amendments to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

Amendments to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

10.—(1) The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 201029are amended as follows.

(2) In regulation 7 (qualifying for conversion)—

(a)

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (3)”; and

(b)

(b) after paragraph (2)30add–

S-3

“3 Where P would be entitled to an award of an employment and support allowance under the 2007 Act but for the application of section 1A of that Act31(duration of contributory allowance) and it had been determined in respect of the entitlement that had ceased that P—

(a) had limited capability for work; or

(b) was to be treated as having limited capability for work, other than by virtue of regulation 30 of the 2008 Regulations,

in relation to the conversion of P’s existing award, P is to be taken as having satisfied the condition set out in section 1(3)(a) of the 2007 Act (limited capability for work).”.

(3) In regulation 2132(termination of transitional addition)—

(a)

(a) in paragraph (1)(b) after “(3)” insert “, (3A)”;

(b)

(b) after paragraph (3)33insert–

S-3A

“3A Any termination of T’s entitlement to a transitional addition under regulation 10(2)(a) (transitional addition: incapacity benefit or severe disablement allowance) shall instead have effect as a suspension of that entitlement in Case 1A.”;

(c)

(c) after paragraph (5) insert–

S-5A

“5A Case 1A is where—

(a) T was previously entitled to a contributory...

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