Regulation 15 Amendment of the Social Security (Payments on account, Overpayments and Recovery) RegulationsI1

in the definition of “benefit”^f2 after “state pension credit” insert “, an employment and support allowance”;

after the definition of “disability working allowance”^f3 insert—

• ““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”; and

after the definition of “the State Pension Credit Regulations”^f4 add—

• ““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007.”.

in sub-paragraph (a) for “or Part III of the State Pension Credit Regulations” substitute “, Part III of the State Pension Credit Regulations or Part 10 of the Employment and Support Allowance Regulations”; and

in sub-paragraph (b) after “Jobseeker’s Allowance Regulations” insert “or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations”.

in paragraph (1) after sub-paragraph (j)^f7 add—

“(k)

a contributory employment and support allowance.”; and

in paragraph (2)^f8 for “or income-based jobseekers allowance” substitute “, income-based jobseekers allowance or income-related employment and support allowance”.

in paragraph (1) after “income-based jobseeker’s allowance”, in both places where it occurs, insert “, income-related employment and support allowance”; and

in paragraph (3) in the definition of “overpayment period” for “or an income-based jobseeker’s allowance” substitute “, income based jobseeker’s allowance or income-related employment and support allowance.

in paragraph (4A)^f11 after sub-paragraph (d) add—

“(e)

an income-related employment and support allowance;

(f)

where, if there was no entitlement to a contributory employment and support allowance, there would be entitlement to an income-related employment and support allowance at the same rate, a contributory employment and support allowance.”;

in paragraph (6)^f12 after sub-paragraph (c) add—

“or

(d)

in the calculation of the income of a person to whom income-related employment and support allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraph 7 of Schedule 7 to the Employment and Support Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 15 and 16 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),”; and

in paragraph (8)—