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).