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

Amendment of regulation 7A

This section has no associated Explanatory Memorandum

34.—(1) Regulation 7A M1 (definitions etc.) is amended as follows.

(2) For the heading substitute “Definitions for the purposes of Chapters I and II”.

(3) In paragraph (1)—

(a)after the definition of “disability determination” insert—

employment and support allowance decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person has or is to be treated as having limited capability for work under Part 1 of the Welfare Reform Act;

(b)after the definition of “incapacity determination” insert—

limited capability for work determination” means a determination whether a person has limited capability for work by applying the test of limited capability for work or whether a person is to be treated as having limited capability for work in accordance with regulation 20 of the Employment and Support Allowance Regulations;; and

(c)in the definition of “payee” after “incapacity benefit decision” insert “ or “employment and support allowance decision” .

Marginal Citations

M1Regulation 7A was inserted by S.I. 1999/1623 and amended by 2000/1596