Textual Amendments
F1Sch. 3 Pts. 5, 6 added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 23(d)
[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 [F3or regulation 7 of the Employment and Support Allowance Regulations 2013] (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
F2Sch. 3 para. 21 substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 7(4)(a)
F3Words in Sch. 3 para. 21(c)(ii) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(9)(a)
[F421A. Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance[F5, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)].]E+W+S
Textual Amendments
F4Sch. 3 para. 21A inserted (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), reg. 1(2), Sch. 5 para. 69(5)(b) (with reg. 3)
F5Words in Sch. 3 para. 21A inserted (E.W.S.) (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 7(1)(2)(b)
22.—(1) The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.E+W+S
(2) Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
23. The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work.
24. The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.]