Welfare Reform Act 2012 (c. 5)

Part 2 E+W+S Working-age benefits

CHAPTER 2 E+W+S Employment and support allowance

Conditions of entitlement E+W+S

52 Further entitlement after time-limiting E+W+S

(1) After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—

“1B Further entitlement after time-limiting

(1) Where a person's entitlement to a contributory allowance has ceased as a result of section 1A (1) or (4) but—

(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,

(b) the person satisfies the basic conditions, and

(c) the person has (or is treated as having) limited capability for work-related activity,

the claimant is entitled to an employment and support allowance by virtue of this section.

(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.”

(2) In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “ (and see section 1B(2)) ”.

Commencement Information

I1 S. 52 in force at 1.5.2012 by S.I. 2012/863, art. 2(2)(b)