The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012

Amendments to the Employment and Support Allowance Regulations 2008

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

(2) In regulation 7(2) (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply)—

(a) in paragraph (1)(b) omit “or” where it appears at the end of that paragraph; and

(b) after paragraph (1)(c) add–

“; or

(d) a claimant is entitled to an employment and support allowance by virtue of section 1B of the Act(3) (further entitlement after time-limiting).”.

(3) In regulation 144(4) (waiting days) after paragraph (2)(d) add–

“; or

(e) the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act (further entitlement after time-limiting).”.

(4) For paragraph 1(3)(a) of Schedule 6(5) (housing costs) substitute—

“(a) (i) in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii) where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowance including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of the Act (duration of contributory allowance);”.

(1)

S.I. 2008/794.

(2)

Regulation 7 was amended by regulation 12(2) of S.I. 2008/3051 and by regulation 9(6) of S.I. 2010/840.

(3)

Section 1B was inserted by section 52 of the Welfare Reform Act 2012.

(4)

Regulation 144 was amended by regulation 9(1)(a) and (b) of S.I. 2008/2428 and by regulation 25(2) of S.I. 2010/1907.

(5)

Schedule 6 has been amended but not in a way material to these Regulations.