The Housing Benefit Regulations 2006

[F1 [F2 21.— (1) Subject to paragraph 22, the claimant is entitled to[F3 the component in paragraph] 24 if— E+W+S

(a) the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b) [F4 the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and]

(c) one of the following applies—

(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii) regulation 7 of the Employment and Support Allowance Regulations [F5 or regulation 7 of the Employment and Support Allowance Regulations 2013] (circumstances where the condition that the assessment phase has ended before entitlement to the support component F6 ... arises does not apply) applies; or

(iii) the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a) neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b) either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

(c) paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.]]

Textual Amendments

F1 Sch. 3 Pts. 5, 6 added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 23(d)

F2 Sch. 3 para. 21 substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 7(4)(a)

F3 Words in Sch. 3 Pt. 5 para. 21(1) sums substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(a)(ii), (aa) (with Sch. 2 paras. 1-7)

F4 Sch. 3 Pt. 5 para. 21(1)(b) sums substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(a)(ii), (bb) (with Sch. 2 paras. 1-7)

F5 Words in Sch. 3 para. 21(c)(ii) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(9)(a)

F6 Words in Sch. 3 Pt. 5 para. 21(1)(c)(ii)sums omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(a)(ii), (cc) (with Sch. 2 paras. 1-7)