The Employment and Support Allowance Regulations 2008

Entitlement for less than a week – amount of an employment and support allowance payable E+W+S

165.—(1) This regulation applies where the claimant is entitled to an employment and support allowance for a part-week and is subject to the following provisions of this Part.

(2) The amount payable by way of an income-related allowance in respect of that part-week is to be calculated by applying the formula—

(a) where the claimant has no income—

or

(b) where the claimant has an income—

where—

• A is the claimant's weekly applicable amount in the relevant week;

• B is the amount of any employment and support allowance, jobseeker's allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to the claimant or the claimant's partner in respect of any day in the part-week;

• I is the claimant's weekly income in the relevant week; and

• N is the number of days in the part week.

(3) The amount payable by way of a contributory allowance in respect of a part-week is to be calculated by applying the formula—

where—

• X is the amount calculated in accordance with section 2(1) of the Act;

• Y is the amount of any widow's benefit, widowed parent's allowance, [F1 bereavement support payment under section 30 of the Pensions Act 2014], training allowance, carer's allowance [F2 , carer support payment] and any increase in disablement pension payable in accordance with Part 1 of Schedule 7 to the Contributions and Benefits Act (Unemployability Supplement) payable in respect of any day in the part-week;

• N is the number of days in the part-week.

(4) In this Part—

“part-week” means an entitlement to an employment and support allowance in respect of any period of less than a week;

“relevant week” means the period of 7 days determined in accordance with regulation 166.

Textual Amendments

F1 Words in reg. 165(3) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 31(2)

F2 Words in reg. 165(3) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 19(5)