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There are currently no known outstanding effects for the The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008, Section 48.
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48.—(1) The Social Security (Credits) Regulations 1975 M1 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)in the definition of “benefit”M2 after “income-based jobseeker's allowance” insert “ and includes a contributory employment and support allowance but not an income-related employment and support allowance ”;
(b)after the definition of “contribution-based jobseeker's allowance”M3 insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;
(c)after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;
(d)in the definition of “reckonable year”M4—
(i)after sub-paragraph (a) omit “or”; and
(ii)after sub-paragraph (b) add—
“or
(c)in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;
(e)in the definition of “relevant benefit year”M5—
(i)after sub-paragraph (a) omit “and”; and
(ii)after sub-paragraph (b) add—
“and
(c)in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”; and
(f)after the definition of “relevant past year”M6 insert—
““the Welfare Reform Act” means the Welfare Reform Act 2007;”.
(3) In regulation 3(1) M7 (general provisions relating to the crediting of contributions and earnings)—
(a)after sub-paragraph (a) omit “or”; and
(b)after sub-paragraph (b) add—
“or
(c)in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.
(4) In regulation 8(1) M8 (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “ , short-term incapacity benefit or a contributory employment and support allowance ”.
(5) In regulation 8A(2)(c) M9 (credits for unemployment) after “incapable of work” insert “ or had limited capability for work ”.
(6) In regulation 8B M10 (credits for incapacity for work)—
(a)in the heading, after “incapacity for work” insert “ or limited capability for work ”; and
(b)in paragraph (2) after sub-paragraph (a) omit “or” and substitute—
“(aa)a week in which, in relation to the person concerned, each of the days—
(i)was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act; or
(ii)would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.
(7) In regulation 8C(1) M11 (credits on termination of bereavement benefits)—
(a)after sub-paragraph (a) omit “or”; and
(b)after sub-paragraph (b) add—
(c)after sub-paragraph (b) add—
“or
(c)paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.
Marginal Citations
M2Definition inserted by S.I. 1996/2367 and amended by S.I. 2000/1483.
M3Definition inserted by S.I. 1996/2367.
M4Definition was substituted by S.I. 1996/2367 and amended by S.I. 2007/1749.
M5Definition was substituted by S.I. 1996/2367.
M6Definition was amended by S.I. 1988/1545.
M7Paragraph 1 was substituted by S.I. 1996/2367 and amended by S.I. 2000/1483.
M8Paragraph 1 was substituted by S.I. 1989/1627 and amended by S.I. 1991/387, 1995/829 and 1996/2367.
M9Regulation 8A was inserted by S.I. 1996/2367 and paragraph 2 was amended by S.I. 2002/490.
M10Regulation 8B was inserted by S.I. 1996/2367 and amended by S.I. 2003/521, 2007/1749.
M11Regulation 8C was inserted by S.I. 2000/1483.
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