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

PART 2 INCOME-RELATED BENEFITS

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 M1 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “the benefit Acts”M2 for “and the Jobseekers Act 1995”M3 substitute “ , the Jobseekers Act 1995 and Part 1 of the Welfare Reform Act ”;

(b) after the definition of “the Contributions and Benefits Act”M4 insert—

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

(c) after the definition of “employment”M5 insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 M6 ;”;

(d) after the definition of “Immigration and Asylum Act”M7 insert—

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

(e) after the definition of “water charges”M8 insert—

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

(3) In regulation 6(5) M9 (persons not treated as engaged in remunerative work)—

(a) in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”; and

(b) in sub-paragraph (c)—

(i) after (i) omit “or”; and

(ii) after (ii) for “and” substitute—

“or

(iii) an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify under paragraphs 16 to 18 of that Schedule; and”.

(4) In regulation 14(2) M10 (persons of a prescribed description)—

(a) after sub-paragraph (b) omit “or”; and

(b) after sub-paragraph (c) add—

“or

(d) entitled to an employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled.”.

(5) In regulation 31(2) M11 (date on which income is treated as paid) for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”.

(6) In regulation 32(4)(b) M12 (calculation of weekly amount of income) for “or jobseeker's allowance” substitute “ , jobseeker's allowance or employment and support allowance ”.

(7) In regulation 40 (calculation of income other than earnings) after paragraph (5) M13 add—

“(6) Where the claimant—

(a) is a member of a couple;

(b) his partner is receiving a contributory employment and support allowance; and

(c) that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,

the amount of that benefit to be taken into account is the amount as if it had not been so reduced.”.

(8) In regulation 72 (assessment of income and capital in urgent cases)—

(a) in paragraph (1)(a)(ii) M14 after “1996” insert “ or of employment and support allowance under regulation 164 of the Employment and Support Allowance Regulations ”; and

(b) in paragraph (2) M15 after “these Regulations” insert “ , regulation 164 of the Employment and Support Allowance Regulations ”.

(9) In regulation 73(3) M16 (amount of income support payable) in the definition of “B” for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”.

(10) In regulation 75 M17 (modifications in the calculation of income)—

(a) in sub-paragraph (b) for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”;

(b) in sub-paragraph (e) for “or severe disablement allowance” substitute “ , severe disablement allowance or employment and support allowance ”; and

(c) in sub-paragraph (f) for “or severe disablement allowance” substitute “ severe disablement allowance or employment and support allowance ”.

(11) In Schedule 3 (housing costs)—

(a) in paragraph 1 (housing costs)—

(i) in sub-paragraph (3) M18 after (c) add—

“(d) who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).”; and

(ii) in sub-paragraph (4) after “disqualification etc)” add “ or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) ”;

(b) in paragraph 1A M19 (previous entitlement to income-based jobseeker's allowance or state pension credit)—

(i) in the heading after “allowance” insert “ , income-related employment and support allowance ”;

(ii) after “income-based jobseeker's allowance” each time it occurs insert “ or income-related employment and support allowance ”; and

(iii) in sub-paragraph (1)(a) after “1996” add “ or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations ”;

(c) in paragraph 4(4) (housing costs not met) after “income support” each time it occurs insert “ or income-related employment and support allowance ”;

(d) in paragraph 6(1B) M20 (existing housing costs) for “or state pension credit” substitute “ , state pension credit or income-related employment and support allowance ”;

(e) in paragraph 8(1B) M21 (new housing costs) for “or state pension credit” substitute “ , state pension credit or income-related employment and support allowance ”;

(f) in paragraph 14 (linking rule)—

(i) in sub-paragraph (5)(a) for “or incapacity benefit” substitute “ , incapacity benefit or contributory employment and support allowance ”; and

(ii) after sub-paragraph (14) add—

“(15) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where [F1 a claimant, a claimant’s partner or] a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.”; and

(g) in paragraph 18(7) (non-dependant deductions) after paragraph (h) add—

“(i) he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F2 ... 4(4) or (5) of the Welfare Reform Act (components).”.

(12) In Schedule 7 (applicable amounts in special cases) in paragraph 19A M22 (persons who have commenced remunerative work) in column 2—

(a) in sub-paragraph (1)—

(i) in paragraph (a)—

(aa) after (i) omit “or”; and

(bb) after (ii) add—

“or

(iii) as the case may be, Schedule 6 to the Employment and Support Allowance Regulations (housing costs),”

(ii) in paragraph (b) after “income support” the first time it occurs, insert “ , income-related employment and support allowance ”.

(13) In paragraph 4(7) M23 of Schedule 8 (sums to be disregarded in the calculation of earnings) after “income support” each time it occurs insert “ or employment and support allowance ”.

(14) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 7(b) M24 for “or jobseeker's allowance” substitute “ , jobseeker's allowance or employment and support allowance. ”; and

(b) in paragraph 13(1)(a) M25 for “or severe disablement allowance” substitute “ , severe disablement allowance or an employment and support allowance ”.

(15) In paragraph 7 M26 of Schedule 10 (capital to be disregarded)—

(a) in sub-paragraph (1)(b) after “income-related benefit” insert “ , an income-related employment and support allowance ”; and

(b) in sub-paragraph (3)—

(i) in paragraph (a) after “income support” insert “ , an income-related employment and support allowance ”; and

(ii) in paragraph (b) after “income support” insert “ , an income-related employment and support allowance ”.

Textual Amendments

F1 Words in reg. 2(11)(f)(ii) inserted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(2)(a)

F2 Words in reg. 2(11)(g) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(2)(b)

Marginal Citations

M1 S.I. 1987/1967.

M2 Definition was inserted by S.I. 1996/206.

M3 1995 c. 18.

M4 Definition was inserted by S.I. 1993/315.

M5 Definition inserted by S.I. 1988/1445.

M6 S.I. 2008/794.

M7 Definition was inserted by S.I. 2000/636.

M8 Definition was inserted by S.I. 1990/547 and amended by S.I. 1990/1776 and 1993/315.

M9 Paragraph (5) was inserted by S.I. 2001/488 and amended by S.I. 2007/3183.

M10 Paragraph (2) was amended by S.I.2001/3070 and 2006/718.

M11 Paragraph (2) was amended by S.I. 1988/663 and 1445, 1995/482 and 1996/206.

M12 Paragraph (4) was amended by S.I. 1988/663 and 1445, 1995/482, 1996/206.

M13 Paragraph (5) was inserted by S.I. 2000/636.

M14 Sub-paragraph (a) was substituted by S.I. 1998/563.

M15 Paragraph (2) was amended by S.I. 1988/1445 and 2022 and S.I. 2008/698.

M16 Regulation 73 was inserted by S.I. 1988/663 and amended by S.I. 1988/1445, 1995/482, 1996/206 and 2001/3767.

M17 Regulation 75 was inserted by S.I. 1988/663 and amended by S.I. 1988/1445, 1995/482 and 1996/206.

M18 Sub-paragraph (3) was amended by S.I.1995/2927 and 2006/2378.

M19 Paragraph 1A was inserted by S.I. 1997/2305 and amended by S.I. 2007/3183.

M20 Sub-paragraph (1B) was inserted by S.I. 1997/2305 and amended by S.I. 2002/3019.

M21 Sub-paragraph (1B) was inserted by S.I. 1997/2305 and amended by S.I. 2002/3019.

M22 Paragraph 19A was inserted by S.I. 2001/488 and amended by S.I. 2001/3767 and 2002/398.

M23 Paragraph 4 was substituted by S.I. 1989/534 and sub-paragraph (7) was substituted by S.I. 1989/1678 and amended by S.I. 1991/387 and 2002/3019.

M24 Paragraph 7(b) was amended by S.I. 1998/563.

M25 Paragraph 13 was substituted by S.I. 2004/565.

M26 Paragraph 7 was amended by S.I. 1991/2742, 1996/206, 2001/2333, 2002/2380, 2003/455 and 2005/574.

Amendment of the Jobseeker's Allowance Regulations 1996

3.—(1) The Jobseeker's Allowance Regulations 1996 M27 are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) after the definition of “the Eileen Trust” insert—

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

(b) after the definition of “week”M28 insert—

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

(3) In regulation 11(2) (part-time students) for “or incapacity benefit” each time it occurs substitute “ , incapacity benefit or employment and support allowance ”.

(4) In regulation 14(1) (circumstances in which a person is to be treated as available)—

(a) in paragraphs (l) and (ll) M29 after “capable of work” insert “ or as not having limited capability for work ”; and

(b) in paragraph (o)(ii) after “incapacity benefit” insert “ , employment and support allowance ”.

(5) In regulation 19(1) M30 (circumstances in which a person is to be treated as actively seeking employment) in sub-paragraphs (l) and (ll) after “capable of work” insert “ or as not having limited capability for work ”.

(6) In regulation 46(1) M31 (waiting days)—

(a) in sub-paragraph (a) after “incapacity benefit” insert “ , employment and support allowance ”; and

(b) in sub-paragraph (d) after “incapacity benefit” insert “ , employment and support allowance ”.

(7) In regulation 48(2) M32 (linking periods) after sub-paragraph (b) insert—

“(bb) any period throughout which the claimant has, or is treated as having, limited capability for work for the purposes of Part 1 of the Welfare Reform Act;”.

(8) In regulation 49 (persons approaching retirement and the jobseeking period)—

(a) in paragraph (2) M33 for “(3) and (4)” substitute “ (3), (4) and (4A) ”; and

(b) after paragraph (4) insert—

“(4A) Any day which, for the purposes of Part 1 of the Welfare Reform Act, is a day where the person has limited capability for work falling within a period of limited capability for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).”.

(9) In regulation 55 (short periods of sickness)—

(a) in paragraph (1) M34 —

(i) in sub-paragraph (c) after “capable of work” insert “ or not having limited capability for work ”;

(ii) after “capable of work” the second time it occurs insert “ or as not having limited capability for work ”; and

(iii) after “incapacity benefit” insert “ , employment and support allowance, ”; and

(b) in paragraph (4) after “within” insert “ 12 weeks of an entitlement of his to employment and support allowance or ”.

(10) In regulation 55A(1) M35 (periods of sickness and persons receiving treatment outside Great Britain)—

(a) in sub-paragraph (d) after “capable of work” insert “ or not having limited capability for work ”;

(b) after “capable of work” the second time it occurs insert “ or as not having limited capability for work ”; and

(c) after “incapacity benefit” insert “ , employment and support allowance ”.

(11) In regulation 61 (other young persons in prescribed circumstances)—

(a) in paragraph (1) M36 after sub-paragraph (f) add—

“(g) who has limited capability for work for the purposes of Part 1 of the Welfare Reform Act.”; and

(b) in paragraph (2)(b) M37 for “1(b) or (c)” each time it occurs substitute “ 1(b), (c) or (g) ”.

(12) In regulation 76(2) M38 (persons of a prescribed description)—

(a) in sub-paragraph (d) after “applies” add—

“or

(e) entitled to an income-related employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled.”.

(13) In regulation 78(6) M39 (circumstances in which a person is to be treated as being or not being a member of the household) after “income support” insert “ or an income-related employment and support allowance ”.

(14) In regulation 96(2) (date on which income is treated as paid) for “or jobseeker's allowance” substitute “ , jobseeker's allowance or employment and support allowance ”.

(15) In regulation 97(4)(b) (calculation of weekly amount of income) for “or income support” substitute “ , income support or employment and support allowance ”.

(16) In regulation 103 (calculation of income other than earnings) after paragraph (5A) M40 insert—

“(5B) Where the claimant—

(a) is a member of a couple;

(b) his partner is receiving a contributory employment and support allowance; and

(c) that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,

the amount of that benefit to be taken into account is the amount as if it had not been reduced.”.

(17) In regulation 140(3) M41 (meaning of “person in hardship”) after “income support” insert “ or an income-related employment and support allowance ”.

(18) In regulation 146A(3) M42 (meaning of “couple in hardship”) after “income support” add “ or an employment and support allowance ”.

(19) In regulation 149(1)(a)(ii) (assessment of income and capital in urgent cases) after “Income Support Regulations” insert “ or of employment and support allowance under regulation 164 of the Employment and Support Allowance Regulations ”.

(20) In regulation 150(1)(b) (amount of jobseeker's allowance payable) in the definition of “B” for “or severe disablement allowance” substitute “ , severe disablement allowance or employment and support allowance ”.

(21) In regulation 153(b) M43 (modification in the calculation of income) after “Benefits Act” insert “ or employment and support allowance ”.

(22) In regulation 171(b) M44 (trade disputes: exemptions from section 15 of the Act)—

(a) after paragraph (i) omit “or”; and

(b) after paragraph (ii) add—

“or

(iii) has limited capability for work.”.

(23) In Schedule A1 M45 (categories of members of a joint-claim couple etc.)—

(a) after paragraph 6 (member incapable of work) insert—

“Member has limited capability for work

6A.   A person who—

(a) has limited capability for work under section 8 of the Welfare Reform Act; or

(b) is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act; or

(c) is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).”; and

(b) in paragraph 12 (pregnancy) after “incapable of work” insert “ or who has limited capability for work ”.

(24) In Schedule 1 (applicable amounts) in paragraph 1(3)—

(a) in paragraph (a)—

(i) in sub-paragraph (iii) after “income support” insert “ or an income-related employment and support allowance ”; and

(ii) in sub-paragraph (vii) after “income support” insert “ or an income-related employment and support allowance ”;

(b) in paragraph (f)(iii) after “income support” insert “ or an income-related employment and support allowance ”;

(c) in paragraph (g)(iii) after “income support” insert “ or an income-related employment and support allowance ”;

(d) in paragraph (h)(iii) after “income support” insert “ or an income-related employment and support allowance ”; and

(e) in paragraph 20H(1) M46 (additional conditions for higher pensioner and disability premium) after sub-paragraph (e) insert—

“(ee) has had limited capability for work or has been treated as having limited capability for work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations; or

(ii) 364 days in any other case,

and for these purposes any two or more periods of limited capability for work separated by a break of not more than 12 weeks is to be treated as one continuous period;”.

(25) In Schedule 2 (housing costs)—

(a) in paragraph 1 (housing costs)—

(i) in sub-paragraph (3)—

(aa) after (c) omit “or”; and

(bb) and after (d) add—

“or

(e) who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).”; and

(ii) in sub-paragraph (4) after “disqualification etc.)” add “ or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) ”.

(b) in paragraph 1A M47 (previous entitlement to income support and state pension credit)—

(i) in the heading after “income support” insert “ , income-related employment and support allowance ”;

(ii) after “income support” each time it occurs insert “ or income-related employment and support allowance ”;

(iii) in sub-paragraph (1)(a) after “Income Support Regulations” add “ or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations ”; and

(iv) in sub-paragraph (1A)(a) M48 after “Income Support Regulations” add “ or paragraphs 16 or 17 of schedule 6 to the Employment and Support Allowance Regulations ”;

(c) in paragraph 6 (existing housing costs)—

(i) in sub-paragraph (3) for “or state pension credit” substitute “ , state pension credit or income-related employment and support allowance ”; and

(ii) in sub-paragraph (4) after “income support” insert “ or income-related employment and support allowance ”;

(d) in paragraph 7 (new housing costs)—

(i) in sub-paragraph (2A) M49 after “income support” insert “ or income-related employment and support allowance ”; and

(ii) in sub-paragraph (2B) M50 after “income support” insert “ or income-related employment and support allowance ”;

(e) in paragraph 13(6)(a) (linking rule) for “or incapacity benefit” substitute “ , incapacity benefit or contributory employment and support allowance ”;

(f) in paragraph 17(7) (non-dependant deductions)—

(i) after paragraph (g) omit “or”; and

(ii) after paragraph (h) add—

“or

(i) he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F3 ... 4(4) or (5) of the Welfare Reform Act (components)”; and

(g) in paragraph 18 (continuity with income support)—

(i) in the heading after “income support” add “ or income-related employment and support allowance ”; and

(ii) in sub-paragraph (1)—

(aa) after “income support” the first time it occurs insert “ or income-related employment and support allowance ”; and

(bb) in paragraph (c) after “income support” add “ or income-related employment and support allowance ”.

(26) In paragraph 5(7) of Schedule 6 (sums to be disregarded in the calculation of earnings) for “or income support” each time it occurs substitute “ , income support or an employment and support allowance ”.

(27) In paragraph 1(5) of Schedule 6A M51 (sums to be disregarded in the calculation of earnings of members of joint-claim couples) for “income support” each time it occurs substitute “ , income support or an employment and support allowance ”.

(28) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 8(b) for “or income support” substitute “ , income support or employment and support allowance ”; and

(b) in paragraph 14(1)(a) M52 for “or severe disablement allowance” substitute “ , severe disablement allowance or employment and support allowance ”.

(29) In paragraph 12 M53 of Schedule 8 (capital to be disregarded)—

(a) in sub-paragraph (1)(b) after “working tax credit” add “ or an income-related employment and support allowance ”; and

(b) in sub-paragraph (3) for “or of income support” each time it occurs substitute “ , income support or of an income-related employment and support allowance ”.

Textual Amendments

F3 Words in reg. 3(25)(f)(ii) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(3)

Marginal Citations

M27 S.I. 1996/207.

M28 Definition was amended by S.I. 1996/1517 and 1997/454.

M29 Paragraphs 1 and 2 were amended by S.I. 1996/1517, 1997/563, 1999/3087, 2000/3336, 2004/1869, 2006/1402 and 2008/698.

M30 Paragraph 1 was amended by S.I. 1996/1517, 1997/563, 1998/1274, 1999/3087, 2000/3336, 2004/1869 and 2006/1402.

M31 Paragraph 1 was amended by S.I. 2000/1978 and 2003/511.

M32 Paragraph 2 was amended by S.I. 1996/2538, 1997/454 and 2863, 2000/724, 2001/1029, 2002/2314, and 2003/511.

M33 Paragraph 2 substituted by S.I. 1996/1517.

M34 Paragraph 1 was amended by S.I. 1996/1517, 1999/2860 and 2000/1978.

M35 Regulation was inserted by S.I. 2004/1869.

M36 Paragraph 1 was amended by S.I. 2000/1978 and 2001/652.

M37 Paragraph 2 was amended by S.I. 2000/1978.

M38 Paragraph 2 was amended by S.I. 2001/3070 and 2006/718.

M39 Paragraph 6 was amended by S.I. 1996/1516.

M40 Paragraph 5A was inserted by S.I. 1997/65.

M41 Paragraph 3 was amended by S.I. 1996/1517.

M42 Regulation was inserted by S.I. 2000/1978.

M43 Regulation was amended by S.I. 2000/1978.

M44 Regulation was amended by S.I. 1996/1516.

M45 Schedule was inserted by S.I. 2000/1978 and 2001/518.

M46 Paragraph 20H was inserted by S.I. 2000/1978 and sub-paragraph (1) was amended by S.I. 2003/455.

M47 Paragraph 1A was inserted by S.I. 1997/2305 and amended by S.I. 2007/3183.

M48 Sub-paragraph (1A) was inserted by S.I. 2000/1978.

M49 Sub-paragraph (2A) was inserted by S.I. 1997/2305.

M50 Sub-paragraph (2B) was inserted by S.I. 2000/1978.

M51 Schedule was inserted by S.I. 2000/1978.

M52 Paragraph 14(1)(a) was amended by S.I. 2004/565.

M53 Paragraph 12 was amended by S.I. 1996/2538, 2001/2333, 2002/2380, 2003/455 and 2005/574.

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 2002 M54 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “close relative”M55 insert—

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

(b) after the definition of “Eileen Trust” insert—

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

(c) after the definition of “a guaranteed income payment”M56 insert—

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

(d) after the definition of “water charges” add—

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

(3) In regulation 9 (qualifying income for the purposes of savings credit) after sub-paragraph (f) add—

“(g) contributory employment and support allowance.”.

(4) In regulation 13A(1)(a) M57 (part-weeks) after “income support” insert “ , an income-related employment and support allowance ”.

(5) In regulation 13B(1) M58 (date on which benefits are treated as paid) after sub-paragraph (d) add—

“(e) contributory employment and support allowance.”.

(6) In regulation 15(4) M59 (income for the purposes of the Act) after sub-paragraph (c) add—

“(d) section 3 of the Welfare Reform Act (deductions from contributory allowance).”.

(7) In paragraph 6 M60 of Schedule 1 (amount applicable for former claimants of income support or income-related jobseeker's allowance)—

(a) in the heading for “or income-related jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”;

(b) in sub-paragraph (2) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”;

(c) in sub-paragraph (5)—

(i) after paragraph (a) omit “or”;

(ii) after paragraph (b) insert—

“or

(c) for the purposes of determining his entitlement to income-related employment and support allowance,”; and

(iii) in sub-paragraph (v) after “Income Support Regulations” insert “ , paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations ”; and

(d) in sub-paragraph (10)(a) after “Jobseeker's Allowance Regulations” insert “ or paragraph 20(2) of Schedule 6 to the Employment and Support Allowance Regulations ”.

(8) In Schedule 2 (housing costs)—

(a) in paragraph 1 (housing costs)—

(i) in sub-paragraph (2)(a)(iii) after paragraph (cc) add—

“or

(dd) is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).”; and

(ii) in sub-paragraph (3) after “disqualification etc)” add “ or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification) ”;

(b) in paragraph 5 (housing costs not met)—

(i) in sub-paragraph (4) after “income-based jobseeker's allowance” each time it occurs insert “ , income-related employment and support allowance ”; and

(ii) in sub-paragraph (5) for “or state pension credit” substitute “ , state pension credit or income-related employment and support allowance ”;

(c) in paragraph 7 (the calculation for loans)—

(i) in sub-paragraph (4A)(a) after “income support” insert “ , income-related employment and support allowance ”;

(ii) in sub-paragraph (4B)—

(aa) after paragraph (a) omit “or”; and

(bb) after paragraph (b) for “and” substitute—

“or

(c) where the earlier entitlement was to an income-related employment and support allowance, if their applicable amount included an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations as applicable to them in respect of a loan which qualifies under paragraph 16 to 18 of that Schedule, and”;

(d) in paragraph 10(10) (excessive housing costs) for “and income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance and income-related employment and support allowance ”; and

(e) in paragraph 14(7) (persons residing with the claimant) after (f) add—

“(g) if he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F4 ... 4(4) or (5) of the Welfare Reform Act (components).”.

(9) In Schedule 5 (income from capital)—

(a) in paragraph 20(2) M61 after paragraph (n) add—

“(o) income-related employment and support allowance.”;

(b) in paragraph 20A(2) M62 —

(i) after sub-paragraph (c) omit “or”; and

(ii) after paragraph (d) add—

“or

(e) paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,”.

(10) In paragraph 4 M63 of Schedule 6 (sums disregarded from claimant's earnings)—

(a) in sub-paragraph (1)(a)—

(i) after paragraph (v) omit “or”; and

(ii) after paragraph (vi) add—

“(vii) employment and support allowance; or”;

(b) in sub-paragraph (2) for “or income-based jobseeker's allowance” substitute “ , income-based jobseeker's allowance or income-related employment and support allowance ”.

Textual Amendments

F4 Words in reg. 4(8)(e) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(4)

Marginal Citations

M54 S.I. 2002/1792.

M55 Definition was amended by S.I. 2005/2877.

M56 Definition was inserted by S.I. 2005/574.

M57 Regulation was inserted by S.I. 2002/3019.

M58 Regulation was inserted by S.I. 2002/3019.

M59 Paragraph 4 was amended by S.I. 2005/3360.

M60 Paragraph 6 was amended by S.I. 2002/3197 and 2006/588.

M61 Paragraph 2 was substituted by S.I. 2003/2274.

M62 Paragraph 2 was substituted by S.I. 2003/2274 and amended by S.I. 2002/3197

M63 Paragraph 4 was amended by S.I. 2002/3197.