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).
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).
7
In this Part—
“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a);
“income-related allowance” means an employment and support allowance entitlement to which is based on subsection (2)(b).