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

Amendment of the Social Security Contributions and Benefits Act 1992

This section has no associated Explanatory Memorandum

47.—(1) Section 44A M1 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..

Marginal Citations