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

Amendment of the Council Tax (Deductions from Income Support) Regulations 1993

55.—(1) The Council Tax (Deductions from Income Support) Regulations 1993(1) are amended as follows.

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

(a) in the definition of “benefit week” after “State Pension Credit Regulations 2002” insert “, regulation 2(1) of the Employment and Support Allowance Regulations 2008”;

(b) after the definition of “contribution-based jobseeker’s allowance” 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—

(a)

an income-related allowance under Part 1 of the Welfare Reform Act; and

(b)

in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;”;

(d) in the definition of “personal allowance for a single claimant aged not less than 25”—

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

(ii) after sub-paragraph (b) add—

“or

(c) in the case of a person who is entitled to income-related employment and support allowance, the amount specified for the time being in paragraph 1 of column 2 of Schedule 4 to the Employment and Support Allowance Regulations 2008;”;

(e) in the definition of “social security office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;

(f) after the definition of “tribunal” insert—

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

(3) In regulation 2 (application for deductions… England and Wales)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and

(b) for “or jobseeker’s allowance” each time it occurs substitute “, a jobseeker’s allowance or an employment and support allowance”;

(4) In regulation 3 (application for deductions… Scotland)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) for “or jobseeker’s allowance” each time it occurs substitute “, a jobseeker’s allowance or an employment and support allowance”.

(5) In regulation 4(1)(f) (contents of application) for “or jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.

(6) In regulation 5 (deductions from debtor’s income support etc.)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) in paragraph (1)(a) for “or income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and

(c) in paragraph (2)—

(i) in sub-paragraph (a) after “allowance” insert “or contributory employment and support allowance”; and

(ii) for sub-paragraph (b) substitute—

“(b) the amount payable, before any deductions under this paragraph, of—

(i) contribution-based jobseeker’s allowance is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act; or

(ii) contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,

as the case may be,”; and

(iii) after “Jobseekers Act” the second time it occurs insert “or under section 2(1)(a) of the Welfare Reform Act”.

(7) In regulation 8 (circumstances, time of making and termination of deductions)—

(a) in paragraph (1)—

(i) for “ or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(ii) for “regulation 7 or 7A” substitute “regulation 5”; and

(iii) in sub-paragraph (a) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) in paragraph (2) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”;

(c) in paragraph (3) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”; and

(d) in paragraph (5) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

(1)

S.I. 1993/494.