http://www.legislation.gov.uk/id/uksi/2010/1907

SCHEDULES

SCHEDULE 1Modification of enactments: making conversion decisions

Regulation 6(1)

PART 1MODIFICATION OF PART 1 OF THE 2007 ACT

F11

Any reference to a claimant is to be read as if it were a reference to a notified person.

F12

F3Section 1 is to be read as if

a

for subsection (2), there were substituted—

2
Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and—
a
is entitled to an existing award of incapacity benefit or severe disablement allowance;
b
is entitled to an existing award of income support and satisfies the conditions set out in Part 2 of Schedule 1, unless subsection (2)(c) applies; or
c
is entitled to an existing award of income support by virtue of–
i
regulation 13(2)(b) or (bb) of the Income Support (General) Regulations 1987 (circumstances in which persons in relevant education may be entitled to income support), or
ii
paragraph 10 (disabled students) or 12 (deaf students) of Schedule 1B to those Regulations,
and satisfies the conditions set out in Part 2 of Schedule 1, with the exception of the condition in paragraph 6(1)(g).

b

subsection (3)(e) were omitted.

F13

Section 2 is to be read as if, in subsections (2)(a) and (3)(a), references to the assessment phase were to the conversion phase.

F14

Section 4 is to be read as if, in subsections (4)(a) and (5)(a), references to the assessment phase were to the conversion phase.

F16

Schedule 1 to the 2007 Act is to be read as if—

a

paragraphs 1 to 5 were omitted; and

b

in paragraph 6, after sub-paragraph (1), there were inserted—

1A
Paragraphs (1B) and (1C) apply in relation to any person (“P”) whose existing award of income support is subject to conversion under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations”).
1B
In determining for the purposes of paragraph (1)(a) whether P's income exceeds the applicable amount, any amount to which P may become entitled by way of a transitional addition under Part 2 of the 2010 Regulations shall be disregarded.
1C
But where—
a
P's existing award would qualify for conversion under Part 2 of the 2010 Regulations but for the fact that the condition set out in paragraph (1)(a) is not satisfied in P's case; and
b
P would otherwise be entitled to an amount of transitional addition under Part 2 of the 2010 Regulations as a result of carrying out Step 2,
the condition set out in paragraph (1)(a) shall be treated as having been satisfied and the amount of an employment and support allowance which applies to P as a result of Step 1 shall be nil.

PART 2MODIFICATION OF THE 2008 REGULATIONS

F17

Any reference to a claimant is to be read as if it were a reference to the notified person.

F18

Part 2 (which makes provision about the assessment phase) does not apply.

F19

Part 3 (which makes provision about contribution conditions which do not apply by virtue of modifications contained in these Regulations) does not apply.

F110

Regulation 30 (which provides for payment of the allowance pending determination of limited capability for work) does not apply.

F210A

In the case of a person who is entitled to an existing award of income support and who is a person to whom paragraph (1) of regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 applies, regulation 70 (special cases: supplemental – persons from abroad) is to be read as if–

a

the word “or” at the end of paragraph (4)(k) were omitted; and

b

at the end of paragraph (4)(jj) the word “or” and the following sub-paragraph were added–

l
a person who is entitled to an existing award of income support where that person is a person to whom paragraph (1) of regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 applies

F111

Regulation 75 (payments treated as not being payments to which section 3 of the 2007 Act applies) is to be read as if—

a

the existing provisions were renumbered as paragraph (1);

b

at the end of that paragraph there were added—

g
any pension payment or PPF periodic payment which is made to a notified person and which falls within paragraph (2).

c

after that paragraph there were added—

2
This paragraph applies to any pension payment or PPF periodic payment made to the notified person where, immediately before the effective date of the person's conversion decision, section 30DD(1) of the Contributions and Benefits Act M1 (incapacity benefit: reduction for pension payments and PPF periodic payments)—
a
did not apply to the notified person by virtue of regulation 26 of the Social Security (Incapacity Benefit) Regulations 1994 M2 (persons whose benefit is not to be reduced under section 30DD(1)); or
b
was not treated as applying to the notified person by virtue of—
i
regulation 19(1)(c) or (2)(c) of those Regulations (persons formerly entitled to severe disablement allowance); or
ii
article 3 of the Welfare Reform and Pensions Act 1999 (Commencement No.9, and Transitional and Savings Provisions) Order 2000 M3 (transitional provision in relation to incapacity benefit).

F112

Regulation 144 (requirement to serve a period of waiting days at the beginning of a period of limited capability for work) does not apply.