{
  "url": "https://openlegislation.uk/employment-and-support-allowance-consequential-provisions-no-2-regulations-2008/regulation-48",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-consequential-provisions-no-2-regulations-2008/regulation-48.json",
  "legislation": "uksi/2008/1554",
  "legislation_title": "The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-consequential-provisions-no-2-regulations-2008",
  "path": "regulation/48",
  "kind": "regulation",
  "number": "48",
  "heading": "Amendment of the Social Security (Credits) Regulations 1975",
  "text": "(1) The Social Security (Credits) Regulations 1975 are amended as follows.\n(2) In regulation 2(1) (interpretation)—\n(a) in the definition of “benefit” after “income-based jobseeker's allowance” insert “ and includes a contributory employment and support allowance but not an income-related employment and support allowance ”;\n(b) after the definition of “contribution-based jobseeker's allowance” insert—\n““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;\n(c) after the definition of “income-based jobseeker's allowance” insert—\n““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;\n(d) in the definition of “reckonable year”—\n(i) after sub-paragraph (a) omit “or”; and\n(ii) after sub-paragraph (b) add—\n“or\n(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance).”;\n(e) in the definition of “relevant benefit year”—\n(i) after sub-paragraph (a) omit “and”; and\n(ii) after sub-paragraph (b) add—\n“and\n(c) in relation to a contributory employment and support allowance, in paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance);”; and\n(f) after the definition of “relevant past year” insert—\n““the Welfare Reform Act” means the Welfare Reform Act 2007;”.\n(3) In regulation 3(1) (general provisions relating to the crediting of contributions and earnings)—\n(a) after sub-paragraph (a) omit “or”; and\n(b) after sub-paragraph (b) add—\n“or\n(c) in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act,”.\n(4) In regulation 8(1) (credits on termination of full-time education, training or apprenticeship) for “or short-term incapacity benefit” substitute “ , short-term incapacity benefit or a contributory employment and support allowance ”.\n(5) In regulation 8A(2)(c) (credits for unemployment) after “incapable of work” insert “ or had limited capability for work ”.\n(6) In regulation 8B (credits for incapacity for work)—\n(a) in the heading, after “incapacity for work” insert “ or limited capability for work ”; and\n(b) in paragraph (2) after sub-paragraph (a) omit “or” and substitute—\n“(aa) a week in which, in relation to the person concerned, each of the days—\n(i) was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had that person been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act; or\n(ii) would have been such a day had the person concerned claimed an employment and support allowance or maternity allowance within the prescribed time; or”.\n(7) In regulation 8C(1) (credits on termination of bereavement benefits)—\n(a) after sub-paragraph (a) omit “or”; and\n(b) after sub-paragraph (b) add—\n(c) after sub-paragraph (b) add—\n“or\n(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 1975/556."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Definition inserted by S.I. 1996/2367 and amended by S.I. 2000/1483."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Definition inserted by S.I. 1996/2367."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "Definition was substituted by S.I. 1996/2367 and amended by S.I. 2007/1749."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "Definition was substituted by S.I. 1996/2367."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "Definition was amended by S.I. 1988/1545."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "Paragraph 1 was substituted by S.I. 1996/2367 and amended by S.I. 2000/1483."
    },
    {
      "type": "M",
      "label": "M8",
      "text": "Paragraph 1 was substituted by S.I. 1989/1627 and amended by S.I. 1991/387, 1995/829 and 1996/2367."
    },
    {
      "type": "M",
      "label": "M9",
      "text": "Regulation 8A was inserted by S.I. 1996/2367 and paragraph 2 was amended by S.I. 2002/490."
    },
    {
      "type": "M",
      "label": "M10",
      "text": "Regulation 8B was inserted by S.I. 1996/2367 and amended by S.I. 2003/521, 2007/1749."
    },
    {
      "type": "M",
      "label": "M11",
      "text": "Regulation 8C was inserted by S.I. 2000/1483."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1554/regulation/48",
    "retrieved_at": "2026-10-29T03:29:45.724174+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}