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The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010
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- UK Statutory Instruments
- 2010 No. 1907
- PART 2
- Regulation 7
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There are currently no known outstanding effects for the The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010, Section 7.
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Qualifying for conversion
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7.—[F1(1)] [F2Subject to [F3paragraphs (2) and (3)], for the purposes of regulation 5(2)(a)] (deciding whether an existing award qualifies for conversion), an existing award or awards to which a notified person [F4(“P”)] is entitled qualify for conversion into an award of an employment and support allowance [F5under these Regulations] only if [F6“P”] satisfies the basic conditions set out in section 1(3)(a) to (d) and (f) of the 2007 Act.
[F7(2) Where P is entitled to an award of an employment and support allowance under the 2007 Act and it has been determined in respect of that entitlement that P—
(a)has limited capability for work, or
(b) is to be treated as having limited capability for work, other than by virtue of regulation 30 of the 2008 Regulations ,
in relation to the conversion of P’s existing award, P is to be taken as having satisfied the condition set out in section 1(3)(a) of the 2007 Act (limited capability for work).]
[F8(3) Where P would be entitled to an award of an employment and support allowance under the 2007 Act but for the application of section 1A of that Act (duration of contributory allowance) and it had been determined in respect of the entitlement that had ceased that P—
(a)had limited capability for work; or
(b)was to be treated as having limited capability for work, other than by virtue of regulation 30 of the 2008 Regulations,
in relation to the conversion of P’s existing award, P is to be taken as having satisfied the condition set out in section 1(3)(a) of the 2007 Act (limited capability for work).]
Textual Amendments
F1Reg. 7(1): reg. 7 renumbered as reg. 7(1) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 4(2)
F2Words in reg. 7 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 4(3)
F3Words in reg. 7(1) substituted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(2)(a)
F4Word in reg. 7 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 4(4)
F5Words in reg. 7 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 4(5)
F6Word in reg. 7 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 4(6)
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