The Social Security (Infected Blood and Thalidomide) Regulations 2017

Amendments to the Employment and Support Allowance Regulations 2008

8.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate place insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b) in the definition of “qualifying person”, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”.

(3) In each of the following provisions, after “the Scottish Infected Blood Support Scheme” insert “, an approved blood scheme”—

(a) regulation 107(5)(a) (notional income – income due to be paid or income paid to or in respect of a third party);

(b) regulation 112(8) (income treated as capital);

(c) regulation 115(5)(a) (notional capital);

(d) paragraph 19(8)(b) of Schedule 6 (housing costs);

(e) paragraphs 22(2) and 41(1) and (7) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings);

(f) paragraphs 27(1) and (7) and 31 of Schedule 9 (capital to be disregarded).

(4) In Schedule 6, after paragraph 19(8)(c) add—

“(d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 9, after paragraph 60 add—

“61.   Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(1)

S.I. 2008/794. Relevant amending instruments are S.I. 2008/2428, 2010/641, 2011/2425, 2013/591 and 2017/329, 422 and 689.