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Statutory Instruments

2008 No. 794

Social Security

The Employment and Support Allowance Regulations 2008

Made

25th March 2008

Laid before Parliament

27th March 2008

Coming into force in accordance with regulation 1

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Rounding of fractions

  2. PART 2

    THE ASSESSMENT PHASE

    1. 4. The end of the assessment phase

    2. 5. The assessment phase – previous claimants

    3. 6. The assessment phase – claimants appealing against a decision

    4. 7. 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

  3. PART 3

    CONDITIONS OF ENTITLEMENT – CONTRIBUTORY ALLOWANCE

    1. 8. Relaxation of the first contribution condition

    2. 9. Condition relating to youth – claimants aged 20 or over but under 25

    3. 10. Condition relating to youth – previous claimants

    4. 11. Condition relating to youth – residence or presence

    5. 12. Condition relating to youth – full-time education

    6. 13. Modification of the relevant benefit year

  4. PART 4

    CONDITIONS OF ENTITLEMENT – INCOME-RELATED ALLOWANCE

    1. 14. Meaning of education

    2. 15. Claimants to be treated as receiving education

    3. 16. Claimants not to be treated as receiving education

    4. 17. Courses of study

    5. 18. Circumstances in which the condition that the claimant is not receiving education does not apply

  5. PART 5

    LIMITED CAPABILITY FOR WORK

    1. 19. Determination of limited capability for work

    2. 20. Certain claimants to be treated as having limited capability for work

    3. 21. Information required for determining capability for work

    4. 22. Failure to provide information in relation to limited capability for work

    5. 23. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work

    6. 24. Matters to be taken into account in determining good cause in relation to regulations 22 or 23

    7. 25. Hospital in-patients

    8. 26. Claimants receiving certain regular treatment

    9. 27. Claimant to be treated as having limited capability for work throughout a day

    10. 28. Night workers

    11. 29. Exceptional circumstances

    12. 30. Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made

    13. 31. Claimant who claims jobseeker’s allowance to be treated as not having limited capability for work

    14. 32. Certain claimants to be treated as not having limited capability for work

    15. 33. Additional circumstances where claimants are to be treated as having limited capability for work

  6. PART 6

    LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

    1. 34. Determination of limited capability for work-related activity

    2. 35. Certain claimants to be treated as having limited capability for work-related activity

    3. 36. Information required for determining capability for work-related activity

    4. 37. Failure to provide information in relation to work-related activity

    5. 38. Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

    6. 39. Matters to be taken into account in determining good cause in relation to regulations 37 or 38

  7. PART 7

    EFFECT OF WORK ON ENTITLEMENT TO AN EMPLOYMENT AND SUPPORT ALLOWANCE

    1. 40. A claimant who works to be treated as not entitled to an employment and support allowance

    2. 41. Meaning of “remunerative work” for the purposes of paragraph 6(1)(e) of Schedule 1 to the Act

    3. 42. Meaning of “remunerative work” for the purposes of paragraph 6(1)(f) of Schedule 1 to the Act

    4. 43. Circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work

    5. 44. Claimants who are treated as not entitled to any allowance at all by reason of regulation 40(1) are to be treated as not having limited capability for work

    6. 45. Exempt work

    7. 46. Effect of work on entitlement to contributory allowance where claimant is receiving certain regular treatment

  8. PART 8

    CONDITIONALITY

    1. CHAPTER 1

      Work-focused health-related assessment

      1. 47. Requirement to take part in a work-focused health-related assessment

      2. 48. Work-focused health-related assessment

      3. 49. Notification of assessment

      4. 50. Determination of the place of the work-focused health-related assessment

      5. 51. Taking part in a work-focused health-related assessment

      6. 52. Deferral of requirement to take part in a work-focused health-related assessment

      7. 53. Failure to take part in a work-focused health-related assessment

    2. CHAPTER 2

      Work-focused interviews

      1. 54. Requirement to take part in a work-focused interview

      2. 55. Work-focused interview

      3. 56. Notification of interview

      4. 57. Taking part in a work-focused interview

      5. 58. Action plan

      6. 59. Deferral of requirement to take part in a work-focused interview

      7. 60. Requirement to take part in a work-focused interview not to apply

      8. 61. Failure to take part in a work-focused interview

      9. 62. Contracting out certain functions relating to work-focused interviews

    3. CHAPTER 3

      Reduction of employment and support allowance

      1. 63. Reduction of employment and support allowance

      2. 64. Cessation of reduction

    4. CHAPTER 4

      Notification

      1. 65. Notification under this Part

    5. CHAPTER 5

      Modification of the Act in relation to claims to which section 5(1)(c) of the Administration Act applies

      1. 66. Modifications of the Act

  9. PART 9

    AMOUNTS OF ALLOWANCE

    1. CHAPTER 1

      Prescribed amounts

      1. 67. Prescribed amounts

      2. 68. Polygamous marriages

      3. 69. Special cases

      4. 70. Special cases: supplemental – persons from abroad

      5. 71. Definition of non-dependant

    2. CHAPTER 2

      Deductions from the contributory allowance

      1. 72. Permanent health insurance

      2. 73. Councillor’s allowance

      3. 74. Deductions for pension payment and PPF payment

      4. 75. Payments treated as not being payments to which section 3 applies

      5. 76. Deductions for councillor’s allowance

      6. 77. Date from which payments are to be taken into account

      7. 78. Date from which a change in the rate of the payment takes effect

      8. 79. Calculation of payment made other than weekly

    3. CHAPTER 3

      Statutory payments

      1. 80. Effect of statutory maternity pay on a contributory allowance

      2. 81. Effect of statutory adoption pay on a contributory allowance

      3. 82. Effect of additional statutory paternity pay on a contributory allowance

  10. PART 10

    INCOME AND CAPITAL

    1. CHAPTER 1

      General

      1. 83. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 84. Income of participants in the self-employment route

      3. 85. Liable relative payments

      4. 86. Child support

      5. 87. Calculation of income and capital of students

      6. 88. Calculation of income which consists of earnings of participants in exempt work

      7. 89. Calculation of income where pension payments, PPF periodic payments or councillor’s allowance payable

    2. CHAPTER 2

      Income

      1. 90. Calculation of income

      2. 91. Calculation of earnings derived from employed earner’s employment and income other than earnings

      3. 92. Calculation of earnings of self-employed earners

      4. 93. Date on which income is treated as paid

      5. 94. Calculation of weekly amount of income

    3. CHAPTER 3

      Employed earners

      1. 95. Earnings of employed earners

      2. 96. Calculation of net earnings of employed earners

    4. CHAPTER 4

      Self-employed earners

      1. 97. Earnings of self-employed earners

      2. 98. Calculation of net profit of self-employed earners

      3. 99. Deduction of tax and contributions for self-employed earners

    5. CHAPTER 5

      Participants in the self-employment route

      1. 100. Interpretation

      2. 101. Treatment of gross receipts of participants in the self-employment route

      3. 102. Calculation of income of participants in the self-employment route

      4. 103. Deduction in respect of tax for participants in the self-employment route

    6. CHAPTER 6

      Other income

      1. 104. Calculation of income other than earnings

      2. 105. Capital treated as income

      3. 106. Notional income – deprivation and income on application

      4. 107. Notional income – income due to be paid or income paid to or in respect of a third party

      5. 108. Notional income – other income

      6. 109. Notional income – calculation and interpretation

    7. CHAPTER 7

      Capital

      1. 110. Capital limit

      2. 111. Calculation of capital

      3. 112. Income treated as capital

      4. 113. Calculation of capital in the United Kingdom

      5. 114. Calculation of capital outside the United Kingdom

      6. 115. Notional capital

      7. 116. Diminishing notional capital rule

      8. 117. Capital jointly held

      9. 118. Calculation of tariff income from capital

    8. CHAPTER 8

      Liable relatives

      1. 119. Interpretation

      2. 120. Treatment of liable relative payments

      3. 121. Disregard of payments treated as not relevant income

      4. 122. Period over which periodical payments are to be taken into account

      5. 123. Period over which payments other than periodical payments are to be taken into account

      6. 124. Calculation of the weekly amount of a liable relative payment

      7. 125. Date on which a liable relative payment is to be treated as paid

      8. 126. Liable relative payments to be treated as capital

    9. CHAPTER 9

      Child support

      1. 127. Treatment of child support maintenance

      2. 128. Calculation of the weekly amount of payments of child support maintenance

      3. 129. Date on which child support maintenance is to be treated as paid

      4. 130. Disregard of payments treated as not relevant income

    10. CHAPTER 10

      Students

      1. 131. Interpretation

      2. 132. Calculation of grant income

      3. 133. Calculation of covenant income where a contribution is assessed

      4. 134. Calculation of covenant income where no grant income or no contribution is assessed

      5. 135. Relationships with amounts to be disregarded under Schedule 8

      6. 136. Other amounts to be disregarded

      7. 137. Treatment of student loans

      8. 138. Treatment of payments from access funds

      9. 139. Treatment of fee loans

      10. 140. Disregard of contribution

      11. 141. Further disregard of student’s income

      12. 142. Income treated as capital

      13. 143. Disregard of changes occurring during summer vacation

  11. PART 11

    SUPPLEMENTARY PROVISIONS

    1. CHAPTER 1

      Miscellaneous

      1. 144. Waiting days

      2. 145. Linking rules

      3. 146. Advance awards

      4. 147. Recovery orders

    2. CHAPTER 2

      Work or training beneficiaries

      1. 148. Work or training beneficiaries

      2. 149. Linking rules – limited capability for work

      3. 150. Linking rules – limited capability for work-related activity

    3. CHAPTER 3

      Temporary absence from Great Britain

      1. 151. Absence from Great Britain

      2. 152. Short absence

      3. 153. Absence to receive medical treatment

      4. 154. Absence in order to receive NHS treatment

      5. 155. Absence of member of family of member of Her Majesty’s forces

    4. CHAPTER 4

      Membership of household

      1. 156. Circumstances in which a person is to be treated as being or not being a member of the household

  12. PART 12

    DISQUALIFICATION

    1. 157. Disqualification for misconduct etc.

    2. 158. Meaning of “person in hardship”

    3. 159. Treating a claimant as not having limited capability for work

    4. 160. Exceptions from disqualification for imprisonment

    5. 161. Suspension of payment of a contributory allowance during imprisonment

  13. PART 13

    URGENT CASES

    1. 162. Urgent cases

    2. 163. Applicable amounts in urgent cases

    3. 164. Assessment of income and capital in urgent cases

  14. PART 14

    PERIODS OF LESS THAN A WEEK

    1. 165. Entitlement for less than a week – amount of an employment and support allowance payable

    2. 166. Relevant week

    3. 167. Modification in the calculation of income

    4. 168. Reduction in certain cases

    5. 169. Payment of a contributory allowance for days of certain regular treatment

    1. SCHEDULE 1

      HER MAJESTY’S FORCES

      1. PART 1

        Prescribed establishments and organisations

      2. PART 2

        Establishments and organisations of which Her Majesty’s forces do not consist

    2. SCHEDULE 2

      ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK

      1. PART 1

        Physical disabilities

      2. PART 2

        Mental, cognitive and intellectual function assessment

    3. SCHEDULE 3

      ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

    4. SCHEDULE 4

      AMOUNTS

      1. PART 1

        Prescribed amounts

      2. PART 2

        Premiums

      3. PART 3

        Weekly amount of premiums specified in Part 2

      4. PART 4

        The components

    5. SCHEDULE 5

      SPECIAL CASES

      1. PART 1

        Amounts prescribed for the purposes of section 4(2) of the Act

      2. PART 2

        Amounts prescribed for the purposes of sections 2(1) and 4(2) of the Act

    6. SCHEDULE 6

      HOUSING COSTS

    7. SCHEDULE 7

      SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

    8. SCHEDULE 8

      SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

    9. SCHEDULE 9

      CAPITAL TO BE DISREGARDED

Go to Explanatory Note

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 2(1)(a) and (c), (4)(a) and (c), 3(1)(c), (2)(b) and (d) and (3)(1), 4(2)(a), (3), (6)(a) and (c), 5(2) and (3), 8(1) to (3), (4)(a) and (b), (5) and (6), 9(1) to (3) and (4)(a) and (b), 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c), 12(1), (2)(a) to (h), (3) to (7), 14(1) and (2)(a) and (b), 16(2)(a) and (4), 17, 18(1), (2) and (4), 20(2) to (7), 22(2), 23(1) and (3), 24(1)(3), (2)(b) and (3), 25(1) to (5) and 26(2) of, and paragraphs 1(4), 3(2), 4(1)(a) and (c), (3) and (4) and 6(1)(b), (2) to (5)(4), (7) and (8) of Schedule 1 to, and paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 of Schedule 2 to, the Welfare Reform Act 2007(5), section 5(1) of the Social Security Administration Act 1992(6) and section 21(1)(a) of the Social Security Act 1998(7) makes the following Regulations, which are made by virtue of, or consequential on, the provisions of the Welfare Reform Act 2007 and which are made before the end of a period of 6 months beginning with the coming into force of those provisions:

(1)

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”. Back [1]

(2)

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2. Back [2]

(3)

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”. Back [3]

(4)

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”. Back [4]

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