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Welfare Reform Act 2009
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This version of this provision is prospective.
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Welfare Reform Act 2009, Section 5 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5:
- s. 5 repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 5(1) repealed by 2009 c. 24 Sch. 7 Pt. 1
- Sch. 4 para. 9(3)(b) repealed by 2009 c. 24 Sch. 7 Pt. 1
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 4 para. 9(3)(b) repealed by 2009 c. 24 Sch. 7 Pt. 1
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5Couples where at least one member capable of workE+W+S
This section has no associated Explanatory Notes
(1)In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support)—
(a)in subsection (1), after paragraph (g) (but before the “and” at the end of it) insert—
“(ga)except in such circumstances as may be prescribed, if he is a member of a couple, the other member of the couple has limited capability for work;”,
(b)after subsection (6) insert—
“(6A)The question whether a person has, or does not have, limited capability for work shall be determined for the purposes of this section in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance).
(6B)References in that Part to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this section, as references to the purposes of this section.”, and
(c)in subsection (7), for “Part 1 of the Welfare Reform Act 2007 (employment and support allowance)” substitute “ that Part ”.
(2)In paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c. 5) (conditions for income-related employment and support allowance)—
(a)in sub-paragraph (1), after paragraph (d) insert—
“(da)is not a member of a couple the other member of which does not have limited capability for work;”, and”
(b)after sub-paragraph (2) insert—
“(2A)Regulations may prescribe circumstances in which sub-paragraph (1)(da) does not apply.”
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