The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017

Amendments to the Employment and Support Allowance Regulations 2008

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

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition for “main phase employment and support allowance” after “Act” insert “or where the claimant is a member of the work-related activity group”;

(b) in the appropriate place insert—

““member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under Part 5 of these Regulations other than by virtue of regulation 30 of these Regulations;”.

(3) In paragraph (1B) of regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component arises does not apply)—

(a) in sub-paragraph (a)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”;

(b) in sub-paragraph (d)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”.

(4) In column (1) of paragraph 1 of Part 1 of Schedule 4 (amounts)—

(a) in sub-paragraph (1)(a) after “2(2) or 4(4) of the Act” insert “or who is a member of the work-related activity group”;

(b) in sub-paragraph (2)(a) after “4(4) of the Act” insert “or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”;

(c) in sub-paragraph (3)(c), (f) and (g) after “4(4) of the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”.

(1)

S.I. 2008/794; relevant amending instruments are S.I. 2012/919, 2013/574, 2015/30, and 2017/204.