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

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 2002 M1 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “close relative”M2 insert—

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

(b) after the definition of “Eileen Trust” insert—

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

(c) after the definition of “a guaranteed income payment”M3 insert—

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

(d) after the definition of “water charges” add—

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

(3) In regulation 9 (qualifying income for the purposes of savings credit) after sub-paragraph (f) add—

“(g) contributory employment and support allowance.”.

(4) In regulation 13A(1)(a) M4 (part-weeks) after “income support” insert “ , an income-related employment and support allowance ”.

(5) In regulation 13B(1) M5 (date on which benefits are treated as paid) after sub-paragraph (d) add—

“(e) contributory employment and support allowance.”.

(6) In regulation 15(4) M6 (income for the purposes of the Act) after sub-paragraph (c) add—

“(d) section 3 of the Welfare Reform Act (deductions from contributory allowance).”.

(7) In paragraph 6 M7 of Schedule 1 (amount applicable for former claimants of income support or income-related jobseeker's allowance)—

(a) in the heading for “or income-related jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”;

(b) in sub-paragraph (2) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”;

(c) in sub-paragraph (5)—

(i) after paragraph (a) omit “or”;

(ii) after paragraph (b) insert—

“or

(c) for the purposes of determining his entitlement to income-related employment and support allowance,”; and

(iii) in sub-paragraph (v) after “Income Support Regulations” insert “ , paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations ”; and

(d) in sub-paragraph (10)(a) after “Jobseeker's Allowance Regulations” insert “ or paragraph 20(2) of Schedule 6 to the Employment and Support Allowance Regulations ”.

(8) In Schedule 2 (housing costs)—

(a) in paragraph 1 (housing costs)—

(i) in sub-paragraph (2)(a)(iii) after paragraph (cc) add—

“or

(dd) is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).”; and

(ii) in sub-paragraph (3) after “disqualification etc)” add “ or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) ”;

(b) in paragraph 5 (housing costs not met)—

(i) in sub-paragraph (4) after “income-based jobseeker's allowance” each time it occurs insert “ , income-related employment and support allowance ”; and

(ii) in sub-paragraph (5) for “or state pension credit” substitute “ , state pension credit or income-related employment and support allowance ”;

(c) in paragraph 7 (the calculation for loans)—

(i) in sub-paragraph (4A)(a) after “income support” insert “ , income-related employment and support allowance ”;

(ii) in sub-paragraph (4B)—

(aa) after paragraph (a) omit “or”; and

(bb) after paragraph (b) for “and” substitute—

“or

(c) where the earlier entitlement was to an income-related employment and support allowance, if their applicable amount included an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations as applicable to them in respect of a loan which qualifies under paragraph 16 to 18 of that Schedule, and”;

(d) in paragraph 10(10) (excessive housing costs) for “and income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance and income-related employment and support allowance ”; and

(e) in paragraph 14(7) (persons residing with the claimant) after (f) add—

“(g) if he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F1 ... 4(4) or (5) of the Welfare Reform Act (components).”.

(9) In Schedule 5 (income from capital)—

(a) in paragraph 20(2) M8 after paragraph (n) add—

“(o) income-related employment and support allowance.”;

(b) in paragraph 20A(2) M9 —

(i) after sub-paragraph (c) omit “or”; and

(ii) after paragraph (d) add—

“or

(e) paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,”.

(10) In paragraph 4 M10 of Schedule 6 (sums disregarded from claimant's earnings)—

(a) in sub-paragraph (1)(a)—

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

(ii) after paragraph (vi) add—

“(vii) employment and support allowance; or”;

(b) in sub-paragraph (2) for “or income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”.

Textual Amendments

F1 Words in reg. 4(8)(e) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(4)

Marginal Citations

M1 S.I. 2002/1792.

M2 Definition was amended by S.I. 2005/2877.

M3 Definition was inserted by S.I. 2005/574.

M4 Regulation was inserted by S.I. 2002/3019.

M5 Regulation was inserted by S.I. 2002/3019.

M6 Paragraph 4 was amended by S.I. 2005/3360.

M7 Paragraph 6 was amended by S.I. 2002/3197 and 2006/588.

M8 Paragraph 2 was substituted by S.I. 2003/2274.

M9 Paragraph 2 was substituted by S.I. 2003/2274 and amended by S.I. 2002/3197

M10 Paragraph 4 was amended by S.I. 2002/3197.