The Housing Benefit Regulations 2006

This section has no associated Explanatory Memorandum

[F1[F221.—(1) Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if—E+W+S

(a)the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b)the Secretary of State has determined that the claimant or the claimant’s partner—

(i)has limited capability for work or limited capability for work-related activity; or

(ii)is to be treated as having limited capability for work other than by virtue of regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made); and

(c)one of the following applies—

(i)the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii)regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) applies; or

(iii)the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a)neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b)either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

(c)paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.]]

Textual Amendments