The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

Disapplication of certain enactments following conversion decision

22.  Where a conversion decision has been made in relation to any person, the following enactments shall not apply to that person with effect from the conversion decision’s effective date—

(a) sections 30A, 40 or 41 of the Contributions and Benefits Act(1) (incapacity benefit);

(b) section 68 of the Contributions and Benefits Act (as it has effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000(2));

(c) regulation 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987(3) (prescribed category of persons for the purposes of entitlement on grounds of incapacity or disability);

(d) the Income Support Transitional Regulations 1987(4); and

(e) the Incapacity Benefit Transitional Regulations 1995(5).

(1)

Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 and is to be repealed by paragraph 9(5) of the Welfare Reform Act 2007. Section 40 was substituted, and section 41 inserted, by paragraphs 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 and are to be repealed by Schedule 8 to the Welfare Reform Act 2007.

(2)

S.I. 2000/2958 (C. 89).

(3)

S.I. 1987/1967. Relevant amending instruments are S.I. 1996/206, 2000/1981 and 2006/718. The enactments referred to in regulation 22(c) are revoked, subject to savings, by S.I. 2009/3152 with effect from 30th December 2009.

(4)

S.I. 1987/1969.

(5)

S.I. 1995/310.