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

CHAPTER 2 National Insurance

Amendment of the Social Security Contributions and Benefits Act 1992

47.—(1) Section 44A(1) of the Social Security Contributions and Benefits Act 1992 (deemed earnings factors) is amended as follows.

(2) In subsection (2)(d)—

(a) after “incapacity benefit” insert “or qualifying employment and support allowance”; and

(b) in sub-paragraph (i) after “Schedule 3” add “or, as the case may be, paragraph 1 of Schedule 1 to the Welfare Reform Act”.

(3) After subsection (6) add—

“(7) In subsection (2)(d) “qualifying employment and support allowance” means contributory employment and support allowance where—

(a) that allowance was payable for a continuous period of 52 weeks;

(b) that allowance included the support component under section 2(2) of the Welfare Reform Act; or

(c) in the case of—

(i) a man born between 6th April 1944 and 5th April 1947; or

(ii) a woman born between 6th April 1949 and 5th April 1951,

that allowance was payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.”.

Amendment of the Social Security (Credits) Regulations 1975

48.—(1) The Social Security (Credits) Regulations 1975(2) are amended as follows.

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

(a) in the definition of “benefit”(3) after “income-based jobseeker’s allowance” insert “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(b) after the definition of “contribution-based jobseeker’s allowance”(4) 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 “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 (employment and support allowance);”;

(d) in the definition of “reckonable year”(5)—

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

(ii) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;

(e) in the definition of “relevant benefit year”(6)—

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

(ii) after sub-paragraph (b) add—

“and

(c) in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”; and

(f) after the definition of “relevant past year”(7) insert—

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

(3) In regulation 3(1)(8) (general provisions relating to the crediting of contributions and earnings)—

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

(b) after sub-paragraph (b) add—

“or

(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.

(4) In regulation 8(1)(9) (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

(5) In regulation 8A(2)(c)(10) (credits for unemployment) after “incapable of work” insert “or had limited capability for work”.

(6) In regulation 8B(11) (credits for incapacity for work)—

(a) in the heading, after “incapacity for work” insert “or limited capability for work”; and

(b) in paragraph (2) after sub-paragraph (a) omit “or” and substitute—

“(aa) a week in which, in relation to the person concerned, each of the days—

(i) was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act; or

(ii) would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.

(7) In regulation 8C(1)(12) (credits on termination of bereavement benefits)—

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

(b) after sub-paragraph (b) add—

(c) after sub-paragraph (b) add—

“or

(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001

49.—(1) The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(13) are amended as follows.

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

(a) in the definition of “contributory benefit” after “income-based jobseeker’s allowance” insert “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(b) after the definition of “contributory benefit” 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 “earnings factor” insert—

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

(d) in the definition of “relevant benefit year” after sub-paragraph (b) add—

“(c) paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance), in relation to a contributory employment and support allowance.”; and

(e) after the definition of “relevant time” insert—

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

(3) In regulation 4 (treatment for the purpose of any contributory benefit of late paid contributions)—

(a) in paragraph (8) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

(b) after paragraph (9)(b) insert—

“(c) a contributory employment and support allowance is a reference to the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act”.

(4) In regulation 5(14) (treatment… of late paid primary Class 1 contributions etc.)—

(a) in paragraph (1)(b)—

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

(ii) after paragraph (ii) add—

“or

(iii) a contributory employment and support allowance, is not paid before the beginning of the relevant benefit year,”;

(b) in paragraph (2)(a) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

(c) in paragraph (3)(a)(15) after (ii) add—

“(iii) a contributory employment and support allowance is a reference to the condition specified in paragraph 1(1) of Schedule 1 to the Welfare Reform Act;”.

(5) In regulation 5A(a)(16) (treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

(1)

Section 44A was inserted by section 30(3) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

(2)

S.I. 1975/556.

(3)

Definition inserted by S.I. 1996/2367 and amended by S.I. 2000/1483.

(4)

Definition inserted by S.I. 1996/2367.

(5)

Definition was substituted by S.I. 1996/2367 and amended by S.I. 2007/1749.

(6)

Definition was substituted by S.I. 1996/2367.

(7)

Definition was amended by S.I. 1988/1545.

(8)

Paragraph 1 was substituted by S.I. 1996/2367 and amended by S.I. 2000/1483.

(9)

Paragraph 1 was substituted by S.I. 1989/1627 and amended by S.I. 1991/387, 1995/829 and 1996/2367.

(10)

Regulation 8A was inserted by S.I. 1996/2367 and paragraph 2 was amended by S.I. 2002/490.

(11)

Regulation 8B was inserted by S.I. 1996/2367 and amended by S.I. 2003/521, 2007/1749.

(12)

Regulation 8C was inserted by S.I. 2000/1483.

(13)

S.I. 2001/769.

(14)

Regulation 5 was amended by S.I. 2002/2366.

(15)

Paragraph (3)(a) was modified by S.I. 1996/207 and paragraph 2(2) of Schedule 3 to the Act was amended by the Welfare Reform and Pensions Act 1999 (c. 30).

(16)

Regulation 5A was inserted by S.I. 2007/1154.