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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.