Part 1Employment and support allowance

Entitlement

2Amount of contributory allowance

1

In the case of a contributory allowance, the amount payable in respect of a claimant shall be calculated by—

a

taking such amount as may be prescribed,

b

if in his case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component, and

c

making prescribed deductions in respect of any payments to which section 3 applies.

2

The conditions of entitlement to the support component are—

a

that the assessment phase has ended,

b

that the claimant has limited capability for work-related activity, and

c

that such other conditions as may be prescribed are satisfied.

3

The conditions of entitlement to the work-related activity component are—

a

that the assessment phase has ended,

b

that the claimant does not have limited capability for work-related activity, and

c

that such other conditions as may be prescribed are satisfied.

4

Regulations may—

a

prescribe circumstances in which paragraph (a) of subsection (2) or (3) is not to apply;

b

prescribe circumstances in which entitlement under subsection (2) or (3) is to be backdated;

c

make provision about the amount of the component under subsection (2) or (3).

5

For the purposes of this Part, a person has limited capability for work-related activity if—

a

his capability for work-related activity is limited by his physical or mental condition, and

b

the limitation is such that it is not reasonable to require him to undertake such activity.