- Latest available (Revised)
- Point in Time (01/07/2013)
- Original (As enacted)
Point in time view as at 01/07/2013.
Welfare Reform Act 2007, Cross Heading: General is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Part—
[F1“child” means a person under the age of 16;]
“claimant” means a person who has claimed an employment and support allowance;
[F2“contributory allowance” has the meaning given by section 1(7);]
“employment” and “employed” have the meanings prescribed for the purposes of this Part;
“entitled”, in relation to an employment and support allowance, is to be construed in accordance with—
the provisions of this Act,
section 1 of the Administration Act (entitlement dependent on making of claim), and
section 27 of the Social Security Act 1998 (c. 14) (restrictions on entitlement in certain cases of error);
[F2“” has the meaning given by section 1(7);]
[F2“income support” means income support under section 124 of the Contributions and Benefits Act;]
“limited capability for work” shall be construed in accordance with section 1(4);
“
” shall be construed in accordance with section 2(5);“period of limited capability for work” has the meaning prescribed for the purposes of this Part;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means regulations made by the Secretary of State;
[F1“single person” means an individual who is not a member of a couple (within the meaning of Part 1 of the Welfare Reform Act 2012);]
“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;
[F1“work” has such meaning as may be prescribed;]
[F1“work-focused interview requirement” has the meaning given by section 11B;]
[F1“work preparation requirement” has the meaning given by section 11C;]
[F3“” has the meaning given by section 13(7).]
[F3“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;]
[F1“work-related requirement” has the meaning given by section 11;]
(2)For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—
(a)beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and
(b)ending with such day as may be prescribed.
(3)Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.
[F4[F5(3A)For the purposes of this Part, a person is a lone parent if the person—
(a)is not a member of a couple (within the meaning given by section 137(1) of the Contributions and Benefits Act), and
(b)is responsible for, and a member of the same household as, a person under the age of 16.]
[F5(3B)For the purposes of subsection (3A)(b) regulations may make provision—
(a)as to circumstances in which one person is to be treated as responsible or not responsible for another;
(b)as to circumstances in which persons are to be treated as being or not being members of the same household.]]
(4)For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.
Textual Amendments
F1Words in s. 24(1) inserted (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(4)(a), 150(3); S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F2Words in s. 24(1) repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
F3Words in s. 24(1) substituted (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(4)(b), 150(3); S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F4S. 24(3A)(3B) inserted (6.10.2011 for specified purposes, 31.10.2011 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), ss. 3(5), 61(3); S.I. 2011/2427, art. 2(1)(a)(b)
F5S. 24(3A)(3B) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 5; S.I. 2013/983, art. 7(1)(f) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
Modifications etc. (not altering text)
C1Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))
C2S. 24(2) modified by SI 2013/983 art. 11 (as modified) (with application in accordance with art. 9(1) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511), art. 9(2)
Commencement Information
I1S. 24(1) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I2S. 24(1)(2)(b)(3) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)
I3S. 24(2)(a)(4) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)
I4S. 24(2)(b)(3) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
(1)Any power under this Part to make regulations [F7or an order] shall be exercisable by statutory instrument.
(2)Any such power may be exercised—
(a)in relation to all cases to which it extends,
(b)in relation to those cases subject to specified exceptions, or
(c)in relation to any specified cases or classes of case.
(3)Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—
(a)the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(b)the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;
(c)any such provision either unconditionally or subject to any specified condition.
(4)Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
(5)Any such power includes power—
(a)to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;
(b)to provide for a person to exercise a discretion in dealing with any matter.
(6)Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 [F8to 15] [F8to 11J] F9... may make provision which applies only in relation to an area or areas specified in the regulations.
(7)The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.
Textual Amendments
F6Words in s. 25 heading inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(2)(a), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)
F7Words in s. 25(1) inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(2)(b), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)
F8Words in s. 25(6) substituted (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(5), 150(3); S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F9Words in s. 25(6) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(b), Sch. 14 Pt. 6
Commencement Information
I5S. 25(1)-(5) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I6S. 25(1)-(5) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)
I7S. 25(2)(b) in force at 27.7.2008 in so far as not already in force by S.I. 2008/787, art. 2(3)(b)
I8S. 25(6)(7) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)
(1)None of the following regulations shall be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—
(a)regulations under section 2(2)(c) or (3)(c) [F10or 4(4)(c) or (5)(c)];
[F11(aa)the first regulations under section 11D(2)(d) or 11J,]
[F12(b)the first regulations under section 13;]
(c)regulations which by virtue of section 19(1) are to have effect for a limited period.
F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)A statutory instrument that—
(a)contains regulations made under this Part, and
(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F14(3)A statutory instrument containing an order under section 1A shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F10Words in s. 26(1)(a) repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
F11S. 26(1)(aa) inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 57(6), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 24
F12S. 26(1)(b) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 5; S.I. 2013/983, art. 7(1)(f) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F13S. 26(1)(d) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(b), Sch. 14 Pt. 6
F14S. 26(3) inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(3), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)
Commencement Information
I9S. 26(1) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)
I10S. 26(2) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I11S. 26(2) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)
(1)There shall be paid out of the National Insurance Fund [F15so much of any sums payable by way of employment and support allowance as is attributable to entitlement to a contributory allowance] [F15any sums payable by way of employment and support allowance].
(2)There shall be paid out of money provided by Parliament—
[F16(a)so much of any sums payable by way of employment and support allowance as is attributable to entitlement to an income-related allowance, and]
(b)any administrative expenses of the Secretary of State or the Commissioners for Her Majesty's Revenue and Customs in carrying this Part into effect.
(3)The Secretary of State shall pay into the National Insurance Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments of [F17contributory] [F17employment and support] allowance.
[F18(4)The Secretary of State shall pay into the Consolidated Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments made by way of income-related allowance.]
Textual Amendments
F15Words in s. 27(1) substituted (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 3 para. 25(2); S.I. 2013/983, arts. 4(1)(b), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
F16S. 27(2)(a) repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
F17Words in s. 27(3) substituted (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 3 para. 25(3); S.I. 2013/983, arts. 4(1)(b), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
F18S. 27(4) repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; and (31.1.2019) by S.I. 2019/167); S.I. 2013/1511, art. 4, Sch. (as amended or modified: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; and (25.1.2017) by S.I. 2017/57)
Commencement Information
I12S. 27 in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)
(1)Schedule 3 (which makes amendments consequential on this Part) has effect.
(2)Regulations may make provision consequential on this Part amending, repealing or revoking any provision of—
(a)an Act passed on or before the last day of the Session in which this Act is passed, or
(b)an instrument made under an Act before the passing of this Act.
(3)In subsection (2), “Act” includes an Act of the Scottish Parliament.
Commencement Information
I13S. 28(1) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I14S. 28(1) in force at 27.7.2008 for specified purposes by S.I. 2008/787, art. 2(3)(a)
I15S. 28(1) in force at 27.10.2008 for specified purposes by S.I. 2008/787, art. 2(4)(b)
I16S. 28(2) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I17S. 28(2) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)
I18S. 28(3) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)
Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.
Commencement Information
I19S. 29 in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I20S. 29 in force at 27.7.2008 for specified purposes by S.I. 2008/787, art. 2(3)(b)
I21S. 29 in force at 11.12.2008 for specified purposes by S.I. 2008/3167, art. 2(a)
I22S. 29 in force at 27.7.2010 for specified purposes by S.I. 2010/1905, art. 2(a)
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