2

Section 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.

10A

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 200423 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