- Latest available (Revised)
- Point in Time (01/04/2024)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Employment and Support Allowance Regulations 2008. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 5 LIMITED CAPABILITY FOR WORK
20.Certain claimants to be treated as having limited capability for work
22.Failure to provide information in relation to limited capability for work
23.Claimant may be called for a medical examination to determine whether the claimant has limited capability for work
24.Matters to be taken into account in determining good cause in relation to regulations 22 or 23
27.Claimant to be treated as having limited capability for work throughout a day
30.Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made
31.Claimant who claims jobseeker's allowance to be treated as not having limited capability for work
32.Certain claimants to be treated as not having limited capability for work
32A.Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence
33.Additional circumstances where claimants are to be treated as having limited capability for work
PART 6 LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY
34.Determination of limited capability for work-related activity
35.Certain claimants to be treated as having limited capability for work-related activity
35A.Relevant linked cases – limited capability for work-related activity
36.Information required for determining capability for work-related activity
37.Failure to provide information in relation to work-related activity
38.Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity
39.Matters to be taken into account in determining good cause in relation to regulations 37 or 38
PART 7 EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE
40.A claimant who works to be treated as not entitled to an employment and support allowance
41.Meaning of “remunerative work” for the purposes of paragraph 6(1)(e) of Schedule 1 to the Act
42.Meaning of “remunerative work” for the purposes of paragraph 6(1)(f) of Schedule 1 to the Act
43.Circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work
44.Claimants who are treated as not entitled to any allowance at all by reason of regulation 40(1) are to be treated as not having limited capability for work
46.Effect of work on entitlement to contributory allowance where claimant is receiving certain regular treatment
CHAPTER 8 ... liable relative payments
122.Period over which periodical payments are to be taken into account
123.Period over which payments other than periodical payments are to be taken into account
124.Calculation of the weekly amount of a ... liable relative payment
125.Date on which a ... liable relative payment is to be treated as paid
PART 11 SUPPLEMENTARY PROVISIONS
ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK
ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY
1.(1) Subject to the following provisions of this Schedule, the...
4.Circumstances in which a person is liable to meet housing costs
5.Circumstances in which a person is to be treated as occupying a dwelling as the home
12.General provisions applying to new and existing housing costs
17.Loans for repairs and improvements to the dwelling occupied as the home
20.Continuity with income support, an income-based jobseeker's allowance or state pension credit
SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
3.If the claimant's partner has been engaged in remunerative work...
3A.If the claimant’s partner has been engaged in remunerative work...
6.Where regulation 45(2) to (4) applies to the claimant and...
8.Notwithstanding the foregoing provisions of this Schedule, where two or...
9.Any earnings derived from employment which are payable in a...
11A.(1) In the case of an income-related employment and support...
14.In this Schedule— “part-time employment” means, if the person were...
SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
1A.Any payment in respect of any travel of other expenses...
8.Any mobility component of disability living allowance , the mobility...
9.Any concessionary payment made to compensate for the non-payment of—...
10.Any mobility supplement or any payment intended to compensate for...
11.Any attendance allowance, the care component of disability living allowance...
13.(1) Any payment— (a) by way of an education maintenance...
16.(1) Subject to sub-paragraph (2) and paragraph 41, any relevant...
18.Where a claimant receives income under an annuity purchased with...
20.Where the claimant occupies a dwelling as the claimant's home...
21.Where the claimant occupies a dwelling as the claimant's home...
22.(1) Subject to sub-paragraphs (2) and (3), except where regulation...
23.(1) Any income derived from capital to which the claimant...
29.Any payment made to the claimant or the claimant's partner...
29A.Any payment made to a claimant under section 73(1)(b) of...
30.(1) Any payment made by a local authority in accordance...
31.(1) Subject to sub-paragraph (2) any payment received under an...
32.(1) Except where paragraph 31 (or 33) applies, and subject...
33.(1) Subject to sub-paragraph (2), any payment received under an...
34.(1) Subject to sub-paragraphs (2) and (3), in the case...
36.Any payment of income which under regulation 112 (income treated...
37.Any payment under Part 10 of the Contributions and Benefits...
40.Notwithstanding paragraph 39 where two or more payments of the...
41.(1) Any payment made under or by the Macfarlane Trust,...
42.Any payment made by the Secretary of State to compensate...
44.Any payment in consequence of a reduction of council tax...
45.(1) Any payment or repayment made— (a) as respects England,...
46.Any payment made to such persons entitled to receive benefits...
48.Any payment (other than a training allowance) made, whether by...
49.Any supplementary pension under article 23(2) of the Naval, Military...
54.(1) Any payment specified in sub-paragraph (2) to a claimant...
59.In the case of a claimant participating in an employment...
60.(1) Any payment of child maintenance made or derived from...
62.Any discretionary housing payment paid pursuant to regulation 2(1) of...
65.Any council tax benefit to which the claimant is entitled....
67.Any direct payments within the meaning of section 49 of...
68.Any bereavement support payment under section 30 of the Pensions...
69.Any payment of carer’s allowance supplement made under section 81...
70.Any early years assistance given in accordance with section 32...
71.Any funeral expense assistance given in accordance with section 34...
72.Any Scottish child payment assistance given in accordance with the...
73.Any short-term assistance given in accordance with regulations made under...
74.Any disability assistance given in accordance with regulations made under...
1.The dwelling occupied as the home but, notwithstanding regulation 83...
1A.Any payment in respect of any travel or other expenses...
2.Any premises acquired for occupation by the claimant which that...
3.Any sum directly attributable to the proceeds of sale of...
5.Where a claimant has ceased to occupy what was formerly...
6.Any premises where the claimant is taking reasonable steps to...
7.Any premises which the claimant intends to occupy as the...
8.Any premises which the claimant intends to occupy as the...
9.Any future interest in property of any kind, other than...
11.(1) Subject to sub-paragraph (2), any arrears of, or any...
11A.Any payment of a widowed parent’s allowance made pursuant to...
13.Any sum— (a) deposited with a housing association as defined...
14.Any personal possessions except those which had or have been...
17.(1) Any payment made to the claimant or the claimant's...
22.(1) Any payment made by a local authority in accordance...
25.Any capital which under regulation 105 or 137 (capital treated...
27.(1) Any payment made under or by the Macfarlane Trust,...
31.Any payment in kind which is a Grenfell Tower payment,...
32.Any payment made pursuant to section 2 of the Employment...
33.Any payment made by the Secretary of State to compensate...
35.Any payment in consequence of a reduction of council tax...
37.(1) Any payment or repayment made— (a) as respects England,...
38.Any payment made to such persons entitled to receive benefits...
38A.Any payment made under Part 8A of the Social Security...
40.Any arrears of supplementary pension which is disregarded under paragraph...
41.Any payment (other than a training allowance) made, whether by...
44.Any sum administered on behalf of a person in accordance...
48.In the case of a claimant participating in an employment...
49.Any arrears of subsistence allowance paid as a lump sum...
50.Where an ex-gratia payment of £10,000 has been made by...
52.(1) Any payment— (a) by way of an education maintenance...
53.(1) Subject to sub-paragraph (2), the amount of any trust...
57.Any payment made to the claimant pursuant to regulations under...
58.Any payment made to the claimant in accordance with regulations...
59.Any direct payments within the meaning of section 49 of...
60.(1) Any bereavement support payment in respect of the rate...
62.Any payment made to a claimant under section 73(1)(b) of...
63.Any early years assistance given in accordance with section 32...
64.Any funeral expense assistance given in accordance with section 34...
65.Any assistance given in accordance with the Carer’s Assistance (Young...
66.Any winter heating assistance given in accordance with regulations under...
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: