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

Amendment of regulation 1

30.  In regulation 1(3) (citation, commencement and interpretation)—

(a) in paragraph (a) of the definition of “claimant”M1 for “or section 17(1) of the State Pension Credit Act” substitute “ , section 17(1) of the State Pension Credit Act or section 24(1) of the Welfare Reform Act ”;

(b) after the definition of “clerk to the appeal tribunal” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(c) after the definition of “designated authority”M2 insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 M3 ;

“failure determination” means a determination by the Secretary of State under regulation 63(1) of the Employment and Support Allowance Regulations that a claimant has failed to satisfy the requirement of regulation 47 or 54 of those Regulations (requirement to take part in a work-focused health related assessment or a work-focused interview);”;

(d) after the definition of “the Graduated Retirement Benefit Regulations”M4 insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;

(e) after the definition of “legally qualified panel member” insert—

““limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act”; and

(f) after the definition of “the Variations Regulations”M5 insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

Marginal Citations

M1 Definition amended by S.I. 1999/1662 and 2002/3019.

M2 Definition substituted by S.I. 2002/1703.

M3 S.I. 2008/794

M4 Definition was inserted by S.I. 2005/2677.

M5 Definition inserted by S.I. 2000/3185.