The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

The Regulations contained in this Instrument are either made by virtue of, or are consequential upon, provisions in Part 1 of the Welfare Reform Act 2007 (c.5). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(1) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Part 2 makes consequential amendments to income-related benefits. Regulation 2 makes consequential changes to the Income Support (General) Regulations 1987. Regulation 3 makes consequential amendments to the Jobseeker's Allowance Regulations 1996. Regulation 4 makes consequential amendments to the State Pension Credit Regulations 2002.

Part 3 makes changes to the Social Fund scheme so as to extend entitlement to certain payments to applicants who are entitled to an employment and support allowance.

Part 4 makes consequential changes in relation to administrative provisions.

Chapter 1 makes changes to the Social Security (Claims and Payments) Regulations 1987 so as to make separate provision for claims for, and payment of, state pension credit.

Regulation 13 provides for the manner of making a claim for employment and support allowance which may be by telephone or by written claim.

Regulations 14 to 20 and regulations 22 and 23 apply provisions currently in the Social Security (Claims and Payments) Regulations 1987 to employment and support allowance.

Regulation 21 provides for the day on which employment and support allowance is to be paid to the claimant.

Regulation 24 provides that a claim for employment and support allowance may be made in addition to or in the alternative to other benefits.

Regulation 25 provides that a claim for employment and support allowance may be made within 3 months of the date for which the claim is made.

Regulations 26, 27 and 28 provide that deductions may be made from employment and support allowance and paid direct to third parties.

Chapter 2 applies the Social Security and Child Support (Decisions and Appeals) Regulations 1999 to employment and support allowance.

Regulation 31 provides additional circumstances in which a decision relating to employment and support allowance may be revised.

Regulations 32, 33 and 34 provide additional circumstances in which a decision relating to employment and support allowance may be superseded and for the effective date of that supersession.

Part 5 makes miscellaneous amendments.

Chapter 1 makes consequential amendments in relation to statutory sick pay and statutory maternity pay to prevent duplication of payments.

Chapter 2 makes consequential amendments in relation to national insurance contributions and credits.

Chapter 3 adds references to employment and support allowance to—

• — the Social Security (Recovery of Benefits) Act 1997;

• — the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988;

• — the Community Charges (Deductions From Income Support) (No. 2) Regulations 1990;

• — the Fines (Deductions From Income Support) Regulations 1992;

• — the Council Tax (Deductions From Income Support) Regulations 1993;

• — the Social Security (Loss of Benefit) Regulations 2001.

Chapter 4 makes consequential amendments in relation to child support by adding references to employment and support allowance to—

• — the Child Support (Maintenance Assessment Procedure) Regulations 1992;

• — the Child Support (Maintenance Assessment and Special Cases) Regulations 1992;

• — the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996;

• — the Child Support Departure Directions and Consequential Amendments Regulations 1996;

• — the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;

• — the Child Support (Variations) Regulations 2000;

• — the Child Support (Maintenance Calculation Procedure) Regulations 2000.

Chapter 5 makes miscellaneous amendments by adding the references to employment and support allowance to—

• — the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974;

• — the Social Security (Airmen's Benefits) Regulations 1975;

• — the Social Security (Benefit) (Members of the Forces) Regulations 1975;

• — the Social Security (Mariner's Benefits) Regulations 1975;

• — the Social Security (Medical Evidence) Regulations 1976;

• — the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000;

• — the Children (Leaving Care) Social Security Benefits Regulations 2001;

• — the Social Security (Jobcentre Plus Interviews For Partners) Regulations 2003;

• — the Age-Related Payments Regulations 2005.

These Regulations have no impact on the cost of business, charities or the voluntary sector and an Impact Assessment has not been published.