2017 No. 205
The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations 2017
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 171D, 171G(2) and 175(3) of the Social Security Contributions and Benefits Act 19921, sections 16A(1)2, 22, 24(1), 25(2) and (3) and paragraph 10 of Schedule 2 of the Welfare Reform Act 20073.
In accordance with section 173(1)(b) of the Social Security Administration Act 19924, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation and commencement1
These Regulations may be cited as the Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations 2017 and come into force on 3rd April 2017.
PART 1Exempt Work Amendments
Amendment of the Social Security (Incapacity for Work) (General) Regulations 19952
In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 19955—
a
in paragraph (4), omit the words from “, and which—” to the end;
b
in paragraph (8), omit the definitions of “relevant benefit” and “specified work”;
c
omit paragraph (9).
Amendment of the Employment and Support Allowance Regulations 20083
In regulation 45 of the Employment and Support Allowance Regulations 20086 (exempt work)—
a
in paragraph (4), omit the words from “, and which—” to the end;
b
omit paragraph (4A);
c
in paragraph (10), omit the definitions of “relevant benefit” and “specified work”.
Amendment of the Employment and Support Allowance Regulations 20134
In regulation 39 of the Employment and Support Allowance Regulations 2013 7 (exempt work)—
a
in paragraph (1)(c), omit the words from “, and which is done” to the end;
b
in paragraph (6), omit the definitions of “relevant benefit” and “work period”;
c
omit paragraph (7).
PART 2Hardship Amounts
Amendment of the Employment and Support Allowance Regulations 20085
In regulation 64D of the Employment and Support Allowance Regulations 20088 (the amount of a hardship payment) for paragraph (1) substitute—
1
A hardship payment is either—
a
80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 49 where—
i
the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the Welfare Reform Act 2007 as in force immediately before 3rd April 2017; and
ii
the claimant or any other member of their family is either pregnant or seriously ill; or
b
60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 in any other case.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)