Regulation 9 Amendments to the Employment and Support Allowance Regulations 2008

(1)

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

(2)

In regulation 7^f2 (circumstances 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)—

(a)

in paragraph (1)(b) omit “or” where it appears at the end of that paragraph; and

(b)

after paragraph (1)(c) add–

“; or

(d)
a claimant is entitled to an employment and support allowance by virtue of section 1B of the Act^f3 (further entitlement after time-limiting).”.

(3)

In regulation 144^f4 (waiting days) after paragraph (2)(d) add–

“; or

(e)
the claimant is entitled to an employment and support allowance by virtue of section 1B of the Act (further entitlement after time-limiting).”.

(4)

For paragraph 1(3)(a) of Schedule 6^f5 (housing costs) substitute—

“(a)
(i)
in respect of whom the main phase employment and support allowance is payable to the claimant or to a person living with the claimant; or

(ii)
where they are the claimant or a person living with the claimant, in respect of whom there would be entitlement to an employment and support allowance including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of the Act (duration of contributory allowance);”.

Annotations

Footnotes

f1: S.I. 2008/794.
f2: Regulation 7 was amended by regulation 12(2) of S.I. 2008/3051 and by regulation 9(6) of S.I. 2010/840.
f3: Section 1B was inserted by section 52 of the Welfare Reform Act 2012.
f4: Regulation 144 was amended by regulation 9(1)(a) and (b) of S.I. 2008/2428 and by regulation 25(2) of S.I. 2010/1907.
f5: Schedule 6 has been amended but not in a way material to these Regulations.