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| |
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Employment and support allowance: supplementary provisions |
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Limited capability for work |
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1 | Regulations may make provision— |
| |
(a) | for a person to be treated in prescribed circumstances as having, or |
| 5 |
as not having, limited capability for work; |
| |
(b) | for the question of whether a person has limited capability for work |
| |
to be determined notwithstanding that he is for the time being |
| |
treated by virtue of regulations under sub-paragraph (a) as having |
| |
limited capability for work; |
| 10 |
(c) | for the question of whether a person has limited capability for work |
| |
to be determined afresh in prescribed circumstances. |
| |
| |
2 | Except in prescribed circumstances, a person is not entitled to an |
| |
employment and support allowance in respect of a prescribed number of |
| 15 |
days at the beginning of a period of limited capability for work. |
| |
Periods of less than a week |
| |
3 | Regulations may make provision in relation to— |
| |
(a) | entitlement to an employment and support allowance, or |
| |
(b) | the amount payable by way of such an allowance, |
| 20 |
| in respect of any period of less than a week. |
| |
| |
4 (1) | Regulations may provide for circumstances in which a period of limited |
| |
capability for work which is separated from another period of limited |
| |
capability for work by not more than a prescribed length of time is to be |
| 25 |
treated for the purposes of this Part as a continuation of the earlier period. |
| |
(2) | Regulations may provide, in relation to periods which are linked by virtue |
| |
of regulations under sub-paragraph (1), that a condition which was satisfied |
| |
in relation to the earlier period is to be treated for the purposes of this Part |
| |
as satisfied in relation to the later period. |
| 30 |
Presence in Great Britain |
| |
5 | Regulations may make provision for the purposes of this Part as to the |
| |
circumstances in which a person is to be treated as being, or not being, in |
| |
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Contributory allowance: entitlement in case of absence from Great Britain |
| 35 |
6 | Regulations may provide that in prescribed circumstances a claimant who is |
| |
not in Great Britain may nevertheless be entitled to a contributory |
| |
| |
|
| |
|
| |
|
Contributory allowance: modification in relation to employment on ships etc. |
| |
7 (1) | Regulations may modify any provision of this Part, so far as relating to a |
| |
contributory allowance, in its application to any person who is, has been, or |
| |
| |
(a) | employed on board any ship, vessel, hovercraft or aircraft, |
| 5 |
(b) | outside Great Britain at any prescribed time or in any prescribed |
| |
| |
(c) | in prescribed employment in connection with continental shelf |
| |
| |
(2) | Regulations under this paragraph may, in particular, provide— |
| 10 |
(a) | for any provision of this Part to apply even though it would not |
| |
| |
(b) | for any such provision not to apply even though it would otherwise |
| |
| |
(c) | for the taking of evidence, in a country or territory outside Great |
| 15 |
Britain, by a consular official or other prescribed person; |
| |
(d) | for enabling the whole, or any part, of a contributory allowance to be |
| |
paid to such of the claimant’s dependants as may be prescribed. |
| |
(3) | In this paragraph, “continental shelf operations” has the same meaning as in |
| |
section 120 of the Contributions and Benefits Act. |
| 20 |
Income-related allowance: entitlement in case of absence from Great Britain |
| |
8 (1) | Regulations may provide that in prescribed circumstances a claimant who is |
| |
entitled to an income-related allowance immediately before ceasing to be in |
| |
Great Britain continues to be entitled to such an allowance after ceasing to |
| |
| 25 |
(2) | Regulations may modify any provision of this Part, so far as relating to an |
| |
income-related allowance, in its application to a person who is entitled to |
| |
such an allowance by virtue of regulations under sub-paragraph (1). |
| |
(3) | Regulations under sub-paragraph (2) may, in particular, provide— |
| |
(a) | for any provision of this Part to apply even though it would not |
| 30 |
| |
(b) | for any such provision not to apply even though it would otherwise |
| |
| |
Limited capability for work-related activity |
| |
9 | Regulations may make provision— |
| 35 |
(a) | for a person to be treated in prescribed circumstances as having, or |
| |
as not having, limited capability for work-related activity; |
| |
(b) | for the question of whether a person has limited capability for work- |
| |
related activity to be determined afresh in prescribed circumstances. |
| |
| 40 |
10 | Regulations may prescribe circumstances in which a person is to be treated |
| |
as not entitled to an employment and support allowance because of his |
| |
| |
|
| |
|
| |
|
Treatment of allowance as “benefit” |
| |
11 | Regulations may provide for— |
| |
(a) | an employment and support allowance, |
| |
(b) | a contributory allowance, or |
| |
(c) | an income-related allowance, |
| 5 |
| to be treated, for prescribed purposes of the Contributions and Benefits Act, |
| |
as a benefit, or a benefit of a prescribed description. |
| |
Attribution of reductions in cases where allowance taken to consist of two elements |
| |
12 | Where an employment and support allowance is taken by virtue of section |
| |
6(5) to consist of two elements, any reduction in the amount payable in |
| 10 |
respect of the allowance which falls to be made by virtue of— |
| |
| |
| |
| |
(d) | section 2AA of the Administration Act (full entitlement to certain |
| 15 |
benefits conditional on work-focused interview for partner), |
| |
| shall be treated as reducing such of those elements by such amount as may |
| |
| |
Treatment of information supplied as information relating to social security |
| |
13 | Information supplied in pursuance of regulations under any of sections 8 to |
| 20 |
12 shall be taken for all purposes to be information relating to social security. |
| |
| |
14 | This Part shall have effect with prescribed modifications in relation to cases |
| |
where a claim to an employment and support allowance is by virtue of |
| |
regulations under section 5(1)(c) of the Administration Act (advance claims) |
| 25 |
made, or treated as if made, for a period wholly or partly after the date on |
| |
| |
| |
15 (1) | Regulations may modify— |
| |
(a) | any provision of this Part, or |
| 30 |
(b) | any corresponding provision made for Northern Ireland, |
| |
| in its application to persons who are or have been members of Her Majesty’s |
| |
| |
(2) | For the purposes of this paragraph, Her Majesty’s forces shall be taken to |
| |
consist of prescribed establishments and organisations in which persons |
| 35 |
serve under the control of the Defence Council. |
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|
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|
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|
| |
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Consequential amendments relating to Part 1 |
| |
Child Support Act 1991 (c. 48) |
| |
1 (1) | The Child Support Act 1991 is amended as follows. |
| |
(2) | In section 6 (applications by those claiming or receiving benefit), in |
| 5 |
subsection (1), after “income-based jobseeker’s allowance” insert “, an |
| |
income-related employment and support allowance”. |
| |
(3) | In section 46 (reduced benefit decisions), in subsection (10)(c) (definition of |
| |
“relevant benefit”), for “or an income-based jobseeker’s allowance” |
| |
substitute “, an income-based jobseeker’s allowance, an income-related |
| 10 |
employment and support allowance”. |
| |
(4) | In section 54 (interpretation), after the definition of “income-based |
| |
jobseeker’s allowance” insert— |
| |
““income-related employment and support allowance” means |
| |
an income-related allowance under Part 1 of the Welfare |
| 15 |
Reform Act 2006 (employment and support allowance);”. |
| |
Criminal Justice Act 1991 (c. 53) |
| |
2 | In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by |
| |
deduction from income support)— |
| |
(a) | in subsections (1) and (2)(d), for “or state pension credit” substitute |
| 20 |
“, state pension credit or an income-related employment and support |
| |
| |
(b) | in subsection (4), after the definition of “fine” insert— |
| |
““income-related employment and support allowance” |
| |
means an income-related allowance under Part 1 of |
| 25 |
the Welfare Reform Act 2006 (employment and |
| |
| |
Social Security Contributions and Benefits Act 1992 (c. 4) |
| |
3 (1) | The Contributions and Benefits Act is amended as follows. |
| |
(2) | In section 22 (earnings factors)— |
| 30 |
(a) | in subsection (2) (purposes for which a person may be treated as |
| |
having annual earnings factors), in paragraph (a), after “jobseeker’s |
| |
allowance” insert “, to a contributory employment and support |
| |
| |
(b) | in subsection (5) (power to provide for crediting earnings or Class 2 |
| 35 |
contributions), after “jobseeker’s allowance” insert “, to a |
| |
contributory employment and support allowance”. |
| |
(3) | At the end of section 22 insert— |
| |
“(8) | In this section, “contributory employment and support allowance” |
| |
means a contributory allowance under Part 1 of the Welfare Reform |
| 40 |
Act 2006 (employment and support allowance).” |
| |
(4) | Sections 30A to 30E (incapacity benefit) cease to have effect. |
| |
|
| |
|
| |
|
(5) | In section 124 (income support), in subsection (1), after paragraph (g) insert |
| |
| |
(h) | he is not entitled to an employment and support allowance |
| |
and, if he is a member of a couple, the other member of the |
| |
couple is not entitled to an income-related employment and |
| 5 |
| |
(6) | At the end of section 124 insert— |
| |
“(7) | In this section, “income-related employment and support allowance” |
| |
means an income-related allowance under Part 1 of the Welfare |
| |
Reform Act 2006 (employment and support allowance).” |
| 10 |
(7) | In section 150 (interpretation of Part 10: Christmas bonus)— |
| |
(a) | in subsection (1) (definition of “qualifying benefit”), after paragraph |
| |
| |
“(ba) | a qualifying employment and support allowance;”; |
| |
(b) | in subsection (2), after the definition of “the qualifying age for state |
| 15 |
| |
““qualifying employment and support allowance” |
| |
means an employment and support allowance under |
| |
Part 1 of the Welfare Reform Act 2006 the calculation |
| |
of the amount of which includes an addition in |
| 20 |
respect of the support component or the work-related |
| |
| |
(8) | Sections 171A to 171G (incapacity for work) cease to have effect. |
| |
Social Security Administration Act 1992 (c. 5) |
| |
4 (1) | The Administration Act is amended as follows. |
| 25 |
(2) | In section 1 (entitlement to benefit dependent on claim), in subsection (4) |
| |
(definition of “benefit”), after “state pension credit;” insert— |
| |
“(ac) | an employment and support allowance;”. |
| |
(3) | In section 2AA (full entitlement to certain benefits conditional on work- |
| |
focused interview for partner) in subsection (2) (benefits to which section |
| 30 |
applies), at the end insert “; and |
| |
(f) | an employment and support allowance.” |
| |
(4) | In section 5 (regulations about claims for and payments of benefit), in |
| |
subsection (2) (benefits to which section applies), after paragraph (ab) |
| |
| 35 |
“(ac) | an employment and support allowance;”. |
| |
(5) | In section 15A (payment out of benefit of sums in respect of mortgage |
| |
| |
(a) | in subsection (1) (cases in which section applies), for “or an income- |
| |
based jobseeker’s allowance”, in each place, substitute “, an income- |
| 40 |
based jobseeker’s allowance or an income-related employment and |
| |
| |
(b) | in subsection (4), in the definition of “qualifying associate”, for “or |
| |
state pension credit” substitute “, state pension credit or an income- |
| |
related employment and support allowance” and for “or the State |
| 45 |
|
| |
|
| |
|
Pension Credit Act 2002” substitute “, the State Pension Credit Act |
| |
2002 or Part 1 of the Welfare Reform Act 2006”; |
| |
(c) | in that subsection, in the definition of “relevant benefits”, after |
| |
| |
“(d) | an employment and support allowance;”. |
| 5 |
(6) | In section 71 (overpayments), in subsection (11) (benefits to which section |
| |
applies), after paragraph (ab) insert— |
| |
“(ac) | an employment and support allowance;”. |
| |
(7) | In section 73 (overlapping benefits)— |
| |
(a) | in subsection (1), after “contribution-based jobseeker’s allowance” |
| 10 |
insert “or a contributory employment and support allowance”; |
| |
(b) | in subsection (4), at the end of paragraph (b) insert “or |
| |
(c) | a contributory employment and support allowance,”. |
| |
(8) | In section 74 (income support and other payments)— |
| |
(a) | in subsections (1)(b) and (2)(b), for “or state pension credit” |
| 15 |
substitute “, state pension credit or an income-related employment |
| |
| |
(b) | in subsection (3)(b), for “or an income-based jobseeker’s allowance”, |
| |
in each place, substitute “, an income-based jobseeker’s allowance or |
| |
an income-related employment and support allowance”. |
| 20 |
(9) | In section 105 (failure to maintain)— |
| |
(a) | in subsection (1)(b), for “or an income-based jobseeker’s allowance” |
| |
substitute “, an income-based jobseeker’s allowance or an income- |
| |
related employment and support allowance”; |
| |
(b) | in subsection (4), after “an income-based jobseeker’s allowance” |
| 25 |
insert “or an income-related employment and support allowance”. |
| |
(10) | In section 121DA (interpretation of Part 6), in subsection (1) (definition of |
| |
“relevant social security legislation”), after paragraph (hh) insert— |
| |
“(hi) | Part 1 of the Welfare Reform Act 2006;”. |
| |
(11) | In section 122ZA (supply of tax information to assess certain employment or |
| 30 |
training schemes), in subsection (6)(b), after “the Jobseekers Act 1995 (c. 18)” |
| |
insert “, Part 1 of the Welfare Reform Act 2006”. |
| |
(12) | In section 122B (supply of other government information for fraud |
| |
prevention and verification), in subsection (3)(b), after “the Jobseekers Act |
| |
1995” insert “, Part 1 of the Welfare Reform Act 2006”. |
| 35 |
(13) | In section 122C (supply of information to authorities administering benefit), |
| |
in subsection (6)(b), after “the Jobseekers Act 1995” insert “, Part 1 of the |
| |
Welfare Reform Act 2006”. |
| |
(14) | In section 124 (provisions relating to age, death and marriage), in subsection |
| |
(1), before “and” at the end of paragraph (ab) insert— |
| 40 |
“(ac) | of the provisions of Part 1 of the Welfare Reform Act 2006;”. |
| |
(15) | In section 125 (regulations as to notification of death), in subsection (1), after |
| |
“the State Pension Credit Act 2002” insert “, Part 1 of the Welfare Reform Act |
| |
| |
(16) | In section 126 (personal representatives to give information about the estate |
| 45 |
of a deceased person who was in receipt of certain benefits), in subsection |
| |
|
| |
|
| |
|
(1), after “state pension credit” insert “, an income-related employment and |
| |
| |
(17) | In section 132 (power to require employers to provide information in |
| |
connection with claims to certain benefits), in subsection (1), after paragraph |
| |
| 5 |
“(aa) | an employment and support allowance;”. |
| |
(18) | In section 150(7) (power to include in annual up-rating order provision for |
| |
increase in sums not required to be up-rated), for “or the State Pension |
| |
Credit Act 2002” substitute “, the State Pension Credit Act 2002 or Part 1 of |
| |
the Welfare Reform Act 2006”. |
| 10 |
(19) | In section 159B (effect of alterations affecting state pension credit)— |
| |
(a) | before “or” at the end of subsection (1)(b)(iii) insert— |
| |
“(iiia) | in any component of a contributory |
| |
employment and support allowance,”; |
| |
(b) | in subsection (6), in the definition of “component”, at the end insert— |
| 15 |
“(c) | in relation to a contributory employment and |
| |
support allowance, means any of the sums |
| |
specified in regulations under Part 1 of the |
| |
Welfare Reform Act 2006 which are relevant |
| |
in calculating the amount payable by way of a |
| 20 |
contributory employment and support |
| |
| |
(20) | After section 159B insert— |
| |
“159C | Effect of alteration of rates of an employment and support allowance |
| |
(1) | Subject to such exceptions and conditions as may be prescribed, |
| 25 |
subsection (2) or (3) shall have effect where— |
| |
(a) | an award of an employment and support allowance is in |
| |
force in favour of any person (“the recipient”), and |
| |
| |
(i) | in any component of the allowance, |
| 30 |
(ii) | in the recipient’s benefit income, or |
| |
(iii) | in the recipient’s war disablement or war widow’s or |
| |
| |
| affects the computation of the amount of the employment |
| |
and support allowance to which he is entitled. |
| 35 |
(2) | Where, as a result of the alteration, the amount of the employment |
| |
and support allowance to which the recipient is entitled is increased |
| |
or reduced, then, as from the commencing date, the amount of the |
| |
employment and support allowance payable in the case of the |
| |
recipient under the award shall be the increased or reduced amount, |
| 40 |
without any further decision of the Secretary of State; and the award |
| |
shall have effect accordingly. |
| |
(3) | Where, notwithstanding the alteration, the recipient continues on |
| |
and after the commencing date to be entitled to the same amount by |
| |
way of an employment and support allowance as before, the award |
| 45 |
shall continue in force accordingly. |
| |
|
| |
|