Part 1Employment and support allowance
Entitlement
1Employment and support allowance
(1)
An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.
(2)
Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and either—
(a)
the first and the second conditions set out in Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in that Part of that Schedule (condition relating to youth), or
(b)
the conditions set out in Part 2 of that Schedule (conditions relating to financial position).
(3)
The basic conditions are that the claimant—
(a)
has limited capability for work,
(b)
is at least 16 years old,
(c)
has not reached pensionable age,
(d)
is in Great Britain,
(e)
is not entitled to income support, and
(f)
is not entitled to a jobseeker's allowance (and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).
F1(3A)
After the coming into force of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).
(4)
For the purposes of this Part, a person has limited capability for work if—
(a)
his capability for work is limited by his physical or mental condition, and
(b)
the limitation is such that it is not reasonable to require him to work.
(5)
An employment and support allowance is payable in respect of a week.
(6)
In subsection (3)—
“joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of section 1(2B) of the Jobseekers Act 1995 (c. 18);
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
F2(6A)
In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.
(7)
In this Part—
“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a) F3(and see section 1B(2));
“” means an employment and support allowance entitlement to which is based on subsection (2)(b).