The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

Amendment of Schedule 9

26.—(1) Schedule 9 (deductions from benefit and direct payment to third parties) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) after the definition of “contribution-based jobseeker's allowance” insert—

““contributory employment and support allowance” means any contributory employment and support allowance which does not fall within the definition of “specified benefit””;

(ii) in the definition of “housing costs”M1 after paragraph (c) add—

“or

(d) Schedule 6 to the Employment and Support Allowance Regulations but—

(i) excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); and

(ii) includes costs under paragraph 18(1)(a) (ground rent) and 18(1)(c) (rent charges) of that Schedule but only where they are paid with costs under paragraph 18(1)(b) of that Schedule (service charges);”;

(iii) in the definition of “mortgage payment”M2 after paragraph (b) omit “or” and after paragraph (c) add—

“or

(d) Schedule 6 to the Employment and Support Allowance Regulations in accordance with paragraphs 8 to 11 of that Schedule (housing costs to be met in employment and support allowance) on a loan which qualifies under paragraph 16 or 17 of that Schedule, but less any amount deducted under paragraph 19 of that Schedule (non- dependant deductions),”;

(iv) in the definition of “personal allowance for a single claimant aged not less than 25 years”M3 after “Jobseeker's Allowance Regulations” add “ or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations ”; and

(v) in the definition of “specified benefit”M4 after paragraph (d) add—

“(e) subject to sub-paragraph (3), employment and support allowance;”;

(b) after sub-paragraph (2) add—

“(3) For the purposes of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

(a) income-related employment and support allowance; and

(b) in a case where, if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance.”.

(3) In paragraph 3(2A) M5 (housing costs)—

(a) in sub-paragraph (b) after “State Pension Credit Regulations” insert “ or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations ”; and

(b) in the description of “C” after “State Pension Credit Regulations” add “ or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations ”.

(4) In paragraph 4 (miscellaneous accommodation costs)—

(a) in sub-paragraph (1) M6 —

(i) for “or state pension credit” substitute “ , state pension credit or employment and support allowance ”; and

(ii) in paragraph (a) after “Jobseeker's Allowance Regulations” insert “ or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations ”;

(b) in sub-paragraph (2) M7 —

(i) for “or state pension credit” substitute “ , state pension credit or employment and support allowance ”;

(ii) in paragraph (a)—

(aa) for “or guarantee credit” substitute “ , guarantee credit or employment and support allowance ”; and

(bb) after “Jobseeker's Allowance Regulations” insert “ , regulation 90 of the Employment and Support Allowance Regulations ”; and

(iii) in paragraph (b) for “or guarantee credit” substitute “ , guarantee credit or employment and support allowance ”; and

(c) in sub-paragraph (3)—

(i) after paragraph (b) omit “or”; and

(ii) after paragraph (c) add—

“or

(d) employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).”.

(5) In paragraph 4A(6) M8 (hostel payments)—

(a) after paragraph (a)—

(i) omit “or”; and

(ii) after paragraph (b) insert—

“or

(c) an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),”; and

(b) after “jobseeker's allowance” the third time it occurs insert “ or employment and support allowance ”.

(6) In paragraph 7B M9 (arrears of child support maintenance)—

(a) after “jobseeker's allowance” each time it occurs insert “ or contributory employment and support allowance ”; and

(b) after sub-paragraph (3) insert—

“(3A) Subject to sub-paragraphs (4) and (5), the amount to be deducted from the beneficiary's employment and support allowance under sub-paragraph (2) is the weekly amount requested from the beneficiary's employment and support allowance by the Secretary of State, subject to a maximum of one-third of the amount applicable to the beneficiary under regulation 67(2) of the Employment and Support Allowance Regulations (prescribed amounts).”.

(7) In paragraph 7C(2)(c) M10 (eligible loans) after sub-paragraph (iii) add—

“(iv) employment and support allowance.”.

(8) In paragraph 8(4)(a) M11 (maximum amount of payment to third parties)—

(a) in sub-paragraph (ii) omit “or”; and

(b) after sub-paragraph (iii) add—

“(iv) in the case of employment and support allowance, the applicable amount for the family as is awarded under paragraphs (a) to (d) of regulation 67 (prescribed amounts) or regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or”.

Marginal Citations

M1 Definition was substituted by S.I. 1996/1460 and amended by S.I. 2002/3019 and 2005/777.

M2 Definition was substituted by S.I. 1996/1460 and amended by S.I. 2002/3019.

M3 Definition was amended by S.I. 1991/2284, 1996/1460 and 2002/3019.

M4 Definition was substituted by S.I. 1996/672 and amended by S.I. 1996/1460 and 3195, 2002/2441and 3019 and 2005/777.

M5 Sub-paragraph (2A) was inserted by S.I. 1992/1026 and amended by S.I. 1995/1613 and 2927,1996/1460 and2002/3019.

M6 Sub-paragraph (1) was amended by S.I. 1989/136, 1992/3147, 1996/1460, 1999/3178, 2002/398, 2003/2325 and 2005/2687.

M7 Sub-paragraph (2) was substituted by S.I. 2003/2325 and amended by S.I. 2005/2687.

M8 Paragraph 4A was inserted by S.I. 1991/2284 and sub-paragraph (6) was substituted by S.I. 1996/1460.

M9 Paragraph 7B was inserted by S.I. 1996/2344 and amended by S.I. 1999/3178.

M10 Paragraph 7C was inserted by S.I. 2006/3188.

M11 Sub-paragraph (4) was inserted by S.I. 2006/2377.