Welfare Reform Act 2007

Social Security Act 1998 (c. 14) E+W+S

17 (1) The Social Security Act 1998 is amended as follows. E+W+S

(2) In section 2 (use of computers), in subsection (2) (meaning of “relevant enactment”), after paragraph (i) insert “; or

“(j) Part 1 of the Welfare Reform Act 2007.”

(3) In section 8 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant enactment, to be made by the Secretary of State)—

(a) in subsection (3) (definition of “relevant benefit”), after paragraph (b) insert—

“(ba) an employment and support allowance;”;

(b) in subsection (4) (definition of “relevant enactment”), for “or the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007 ”.

(4) In section 11 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007 ”.

(5) In section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7), in the definition of “benefit”—

(a) after paragraph (dd) insert—

“(de) an employment and support allowance;”;

(b) in paragraph (e), for “to (dd)” substitute “ to (de) ”.

(6) In section 28 (correction of errors and setting aside of decisions), in subsection (3) (definition of “relevant enactment”), at the end insert “; or

(g) Part 1 of the Welfare Reform Act 2007.”

(7) In section 31 (incapacity for work), after subsection (1) insert—

“(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.”

(8) In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end insert “, or

(iv) section 159C(1)(b) of that Act (employment and support allowance).”

(9) In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end insert “; or

(g) section 18 of the Welfare Reform Act 2007.”

Commencement Information

I1 Sch. 3 para. 17(1) (3) (6) (7) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)

I2 Sch. 3 para. 17(1) (3)-(6) in force at 27.7.2008 in so far as not already in force by S.I. 2008/787, art. 2(3)(a)

I3 Sch. 3 para. 17(1) (3) (6) (7) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(f)

I4 Sch. 3 para. 17(2) in force at 27.7.2008 by S.I. 2008/787, art. 2(3)(a)

I5 Sch. 3 para. 17(4) (5) (8) (9) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(f)