PART 5Council Tax Benefit Regulations 2006

Amendment of regulation 243

1

Regulation 2 (interpretation) is amended as follows.

2

In paragraph (1)—

a

in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance ”;

b

in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act ”;

c

after the definition of “the Consequential Provisions Regulations” insert—

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

d

after the definition of “employed earner” insert—

“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

e

after the definition of “an income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

F1ee

after the definition of “Jobseeker’s Allowance Regulations” insert—

  • “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;

  • “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;

f

F2after the definition of “the Macfarlane Trust” insert—

  • “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;

g

in the definition of “qualifying contributory benefit”M1 after sub-paragraph (b) add—

c

contributory employment and support allowance;

h

in the definition of “qualifying income-related benefit” after sub-paragraph (b) add—

c

income-related employment and support allowance;

i

after the definition of “water charges” insert—

“Welfare Reform Act” means the Welfare Reform Act 2007;

3

After paragraph (4) insert—

4A

For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—

a

in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or

b

which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.