The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

Amendments to the Employment and Support Allowance Regulations 2008

12.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation) at the appropriate place insert the following definition—

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”,

(b) regulation 107(5)(a)(2) (notional income - income due to be paid or income paid to or in respect of a third party),

(c) regulation 112(8)(3) (income treated as capital),

(d) regulation 115(5)(a)(4) (notional capital),

(e) Schedule 6 (housing costs), paragraph 19(8)(b)(5),

(f) Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2) and 41(1) and (7)(6), and

(g) Schedule 9 (capital to be disregarded), paragraphs 27(1)(7) and (7) and 31(8),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 106 (notional income – deprivation and income on application)—

(a) in paragraph (2)(g), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”,

(b) in paragraph (3), for “age of 60” substitute “qualifying age for state pension credit”, and

(c) in paragraph (4), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 107(5)(a),

(b) regulation 112(8),

(c) regulation 115(5)(a),

(d) Schedule 6, paragraph 19(8)(b),

(e) Schedule 8, paragraph 41(1) to (5), and

(f) Schedule 9, paragraph 27(1) to (5),

after “under” insert “or by”.

(6) In regulation 115(2)(e), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(7) In Schedule 8, paragraph 53(9) and Schedule 9, paragraph 56(10) after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care)(11)”.

(1)

S.I. 2008/794.

(2)

Relevant amending instrument is S.I. 2008/2428.

(3)

Relevant amending instrument is S.I. 2008/2428.

(4)

Relevant amending instrument is S.I. 2008/2428.

(5)

Relevant amending instrument is S.I. 2008/2428.

(6)

Relevant amending instrument is S.I. 2008/2428.

(7)

Relevant amending instrument is S.I. 2008/2428.

(8)

Relevant amending instrument is S.I. 2008/2428.

(9)

Relevant amending instrument is S.I. 2009/583.

(10)

Relevant amending instrument is S.I. 2009/583.

(11)

2006 c. 4. Sections 12A to 12D were inserted by the section 11 of the Health Act 2009 (c. 21).