The Housing Benefit Regulations 2006

[F1PART 5E+W+SThe [F2component]

Textual Amendments

[F321.—(1) Subject to paragraph 22, the claimant is entitled to[F4the 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)[F5the 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 [F6or 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 F7... 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

[F821A.  Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance[F9, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)].]E+W+S

Textual Amendments

22.—(1) The claimant has no entitlement under paragraph F10... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.E+W+S

(2) Where the claimant and the claimant’s partner each satisfies paragraph F11... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

Textual Amendments

The work-related activity componentE+W+S

F1223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The support componentE+W+S

24.  The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.]