The Employment and Support Allowance (Consequential Provisions) Regulations 2008

Amendment of Schedule 3

23.  In Schedule 3 (applicable amounts)—

(a) in Part 1 (personal allowances) for sub-paragraphs (1) to (3) of paragraph 1 M1 substitute—

“Column (1)Person or couple			Column (2)Amount
(1)	A single claimant who—		(1)
	(a)	is entitled to main phase employment and support allowance;		(a)	£60.50;
	(b)	is aged not less than 25;		(b)	£60.50;
	(c)	is aged less than 25.		(c)	£47.95.
(2)	Lone parent who—		(2)
	(a)	is entitled to main phase employment and support allowance;		(a)	£60.50;
	(b)	is aged not less than 18; or		(b)	£60.50;
	(c)	is aged less than 18.		(c)	£47.95.
(3)	Couple where—		(3)
	(a)	the claimant is entitled to main phase employment and support allowance;		(a)	£94.95;
	(b)	at least one member is aged not less than 18;		(b)	£94.95;
	(c)	both members are aged less than 18.		(c)	£72.35.”

(b) in Part 3 (premiums) after sub-paragraph (8) of paragraph 13 M2 (additional conditions for the Disability Premium) add—

“(9) The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work F1 ....”;

(c) in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute—

“(1) Subject to sub-paragraph (2), the condition is that—

[F2 (a) the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or]

(b) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—

(i) the claimant; or

(ii) a member of the claimant's family,

who is aged less than 60.”.

(d) after Part 4 (amounts of premiums specified in Part 3) add—

[F3 “PART 5 The components

21.   Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if—

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

(b) 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 or limited capability for work-related activity; and

(c) either—

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

(ii) regulation 7 of the Employment and Support Allowance Regulations (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) applies.

22.— (1) The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.

(2) Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

The work-related activity component

23.   The claimant is entitled to the work-related activity 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.

The support component

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.

PART 6 Amount of components

25.   The amount of the work-related activity component is £24.00.

26.   The amount of the support component is £29.00. ”].

Textual Amendments

F1 Words in reg. 23(b) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 31(a)

F2 Words in reg. 23(c) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 31(b)

F3 Reg. 23(d) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 31(c)

Marginal Citations

M1 Paragraph 1 was amended by SI. 2006/217 and 645 and 2007/688.

M2 Paragraph 13 was amended by S.I. 2008/1042.