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The Employment and Support Allowance Regulations 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111531877

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 26(1) of the Welfare Reform Act 2007, for approval by resolution of each House of Parliament.

Social Security

Made

Coming into force 29th April 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 2(1)(a) and (c) and (4)(a) and (c), 3(1)(c), (2)(b) and (d) and (3), 8(1) to (3), (4)(a) and (b), (5) and (6), 9(1) to (3) and (4)(a) and (b), 11A(5), 11B(2) and (3), 11D(2)(d), 11E(1), 11H(5) and (6), 11J(3), (4) and (8), 17(1), (2) and (3)(a) and (b), 18(1), (2) and (4), 20(2) to (7), 24(1), (2)(b) and (3) and 25(2) to (5) of, and paragraphs 1(3) and (4), 3(2) and 4(1)(a) and (c), (3) and (4) of Schedule 1 and paragraphs 1 to 4A, 5, 6, 9 and 10 of Schedule 2 to, the Welfare Reform Act 2007f1, sections 5(1A), 189(4) to (6) and 191 of the Social Security Administration Act 1992f2, section 21(1)(a) of the Social Security Act 1998f3 and paragraphs 2(3) and 3 of Schedule 5 to the Welfare Reform Act 2012f4.

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to itf5.

A draft of these Regulations has been laid before Parliament in accordance with section 26(1) of the Welfare Reform Act 2007f6 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2007 c.5. Section 2(1) was amended by paragraph 24 of Schedule 3 and paragraph 6(2) of Schedule 5 to the Welfare Reform Act 2012 (c.5). Section 3(2)(d) was amended by paragraph 26(c) of Schedule 3 to the Welfare Reform Act 2012. Sections 11A to 11J were inserted by section 57(2) of the Welfare Reform Act 2012. Section 18(4) was amended by paragraph 26(d) of Schedule 3 to the Welfare Reform Act 2012. Section 20(2) to (7) was amended by paragraph 26(e) of Schedule 3 to the Welfare Reform Act 2012. Paragraph 1(3) of Schedule 1 was substituted by section 13(4) of the Welfare Reform Act 2009 (c.24) and paragraph 1(4) was amended by section 13(5) of that Act. Paragraph 3(2) of Schedule 1 was amended by paragraph 26(f) of Schedule 3 to the Welfare Reform Act 2012. Paragraph 4A of Schedule 2 was inserted by section 54(6) of the Welfare Reform Act 2012 and paragraph 6 was amended by paragraph 26(g) of Schedule 3 to the Welfare Reform Act 2012. Section 24(1) is cited for the meaning it gives to “prescribed” and “regulations”.

f2

1992 c.4. Section 5(1A) was inserted by section 99(3) of the Welfare Reform Act 2012.

f3

1998 c.14.

f4

2012 c.5.

f5

See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992.

f6

Section 26(1) was amended by paragraph 8(4) of Schedule 3 to the Welfare Reform Act 2008 and section 57(6) of, and Schedule 14 to, the Welfare Reform Act 2012.

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Further interpretation
  5. 4Rounding of fractions
  6. Part 2: The assessment phase
  7. 5The end of the assessment phase
  8. 6The assessment phase – previous claimants
  9. 7Circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply
  10. Part 3: Conditions of entitlement
  11. 8Conditions relating to national insurance and relevant earnings
  12. 9Relaxation of the first contribution condition
  13. 10Condition relating to youth – claimants aged 20 or over but under 25
  14. 11Condition relating to youth – previous claimants
  15. 12Condition relating to youth – residence or presence
  16. 13Condition relating to youth – full-time education
  17. 14Modification of the relevant benefit year
  18. Part 4: Limited Capability for Work
  19. 15Determination of limited capability for work
  20. 16Certain claimants to be treated as having limited capability for work
  21. 17Information required for determining capability for work
  22. 18Failure to provide information in relation to limited capability for work
  23. 19Claimant may be called for a medical examination to determine whether the claimant has limited capability for work
  24. 20Matters to be taken into account in determining good cause in relation to regulations 18 or 19
  25. 21Hospital patients
  26. 22Claimants receiving certain treatment
  27. 23Claimant to be treated as having limited capability for work throughout a day
  28. 24Night workers
  29. 25Exceptional circumstances
  30. 26Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made
  31. 27Certain claimants to be treated as not having limited capability for work
  32. 28Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence
  33. 29Additional circumstances where claimants are to be treated as having limited capability for work
  34. Part 5: Limited Capability for Work-related Activity
  35. 30Determination of limited capability for work-related activity
  36. 31Certain claimants to be treated as having, or not having, limited capability for work-related activity
  37. 32Relevant linked cases – limited capability for work-related activity
  38. 33Information required for determining capability for work-related activity
  39. 34Failure to provide information in relation to work-related activity
  40. 35Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity
  41. 36Matters to be taken into account in determining good cause in relation to regulations 34 or 35
  42. Part 6: Effect of work on entitlement to an Employment and Support Allowance
  43. 37A claimant who works to be treated as not entitled to an employment and support allowance
  44. 38Claimants who are treated as not entitled to any allowance at all by reason of regulation 37(1) are to be treated as not having limited capability for work
  45. 39Exempt work
  46. 40Effect of work on entitlement to an employment and support allowance where claimant is receiving certain treatment
  47. Part 7: Claimant responsibilities
  48. 41Interpretation
  49. 42Application of regulations where there is dual entitlement
  50. 43Sanction ceases to apply to employment and support allowance
  51. 44Claimant commitment – date and method of acceptance
  52. 45Claimant commitment – exceptions
  53. 46Purposes of a work-focused interview
  54. 47Claimants subject to no work-related requirements
  55. 48Claimants subject to work-focused interview requirement only
  56. 49Victims of domestic violence
  57. Part 8: Sanctions
  58. 50Interpretation
  59. 51General principles for calculating reduction periods
  60. 52Low-level sanction
  61. 53Lowest-level sanction
  62. 54Start of the reduction
  63. 55Reduction period to continue where award of employment and support allowance terminates
  64. 56Suspension of a reduction where a fraud sanction applies
  65. 57Termination of a reduction
  66. 58Amount of reduction for each benefit week
  67. 59Daily reduction rate
  68. 60Lower daily reduction rate
  69. 61Sanctions where universal credit ends and the person is entitled to an employment and support allowance
  70. Part 9: Amounts of Allowance
  71. 62Prescribed amounts
  72. 63Special cases
  73. 64Permanent health insurance
  74. 65Financial Assistance Scheme
  75. 66Councillor’s allowance
  76. 67Deductions for pension payment and PPF payment
  77. 68Payments treated as not being payments to which section 3 applies
  78. 69Deductions for councillor’s allowance
  79. 70Date from which payments are to be taken into account
  80. 71Date from which a change in the rate of the payment takes effect
  81. 72Calculation of payment made other than weekly
  82. 73Effect of statutory maternity pay on an employment and support allowance
  83. 74Effect of statutory adoption pay on an employment and support allowance
  84. 75Effect of additional statutory paternity pay on an employment and support allowance
  85. Part 10: Income and earnings
  86. 76Calculation of earnings derived from employed earner’s employment and income other than earnings
  87. 77Calculation of earnings of self-employed earners
  88. 78Date on which income is treated as paid
  89. 79Calculation of weekly amount of income
  90. 80Earnings of employed earners
  91. 81Calculation of net earnings of employed earners
  92. 82Earnings of self-employed earners
  93. 83Calculation of net profit of self-employed earners
  94. 84Deduction of tax and contributions for self-employed earners
  95. Part 11: Supplementary provisions
  96. 85Waiting days
  97. 86Linking period
  98. 87Claimants appealing a decision
  99. 88Absence from Great Britain
  100. 89Short absence
  101. 90Absence to receive medical treatment
  102. 91Absence in order to receive NHS treatment
  103. 92Absence of member of family of member of Her Majesty’s forces
  104. Part 12: Disqualification
  105. 93Disqualification for misconduct etc
  106. 94Meaning of “person in hardship”
  107. 95Treating a claimant as not having limited capability for work
  108. 96Exceptions from disqualification for imprisonment
  109. 97Suspension of payment of an employment and support allowance during imprisonment
  110. Part 13: Periods of less than a week
  111. 98Entitlement for less than a week – amount of an employment and support allowance payable
  112. 99Relevant week
  113. 100Modification in the calculation of income
  114. 101Reduction in certain cases
  115. 102Payment of an employment and support allowance for days of certain treatment
  116. Signature
  117. Schedule 1: Her Majesty’s Forces
  118. Part 1: Prescribed establishments and organisations
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. 6Paragraph 6
  125. 7Paragraph 7
  126. 8Paragraph 8
  127. 9Paragraph 9
  128. Part 2: Establishments and organisations of which Her Majesty’s forces do not consist
  129. 10Paragraph 10
  130. Schedule 2: Assessment of Whether a Claimant has Limited Capability for Work
  131. 1Physical Disabilities
  132. 2Mental, cognitive and intellectual function assessment
  133. Schedule 3Assessment of whether a claimant has limited capability for work-related activity
  134. Explanatory note