C1C6C4C5C7C8Part 1Employment and support allowance
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(2)(a), Sch. 1
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Pt. 1 applied (with modifications (as amended)) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(a), Sch. 2; (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)
Pt. 1 modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2
Entitlement
F14C1Amount of income-related allowance
I21
In the case of an income-related allowance, the amount payable in respect of a claimant shall be—
a
if he has no income, the applicable amount;
b
if he has an income, the amount by which the applicable amount exceeds his income.
2
Subject to subsection (3), the applicable amount for the purposes of subsection (1) shall be calculated by—
I2b
if in the claimant's case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component.
I1I33
Regulations may provide that, in prescribed cases, the applicable amount for the purposes of subsection (1) shall be nil.
I24
The conditions of entitlement to the support component are—
C2a
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.
I25
The conditions of entitlement to the work-related activity component are—
C3a
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.
6
Regulations may—
I2b
prescribe circumstances in which entitlement under subsection (4) or (5) is to be backdated;
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))