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PART 5 Miscellaneous Amendments

CHAPTER 1 Statutory Payments

Amendment of the Social Security Contributions and Benefits Act 1992

44.  After paragraph 2(d)(147) of Schedule 11 to the Social Security Contributions and Benefits Act 1992 (circumstances in which periods of entitlement to statutory sick pay do not arise) insert—

“(dd) in the period of 85 days ending immediately before the relevant date the employee had at least one day on which he was entitled to an employment and support allowance (or would have been so entitled had he satisfied the requirements in section 1(2) of the Welfare Reform Act 2007.”.

Amendment of the Statutory Sick Pay (General) Regulations 1982

45.—(1) In regulation 3 of the Statutory Sick Pay (General) Regulations 1982(148) (period of entitlement ending or not arising) after paragraph (2B) insert—

“(2C) A period of entitlement in respect of an employee who was entitled to employment and support allowance shall not arise in relation to any day within a period of limited capability for work beginning with the first day on which paragraph 2(dd) of Schedule 11 to the Contributions and Benefits Act ceases to have effect where the employee in question is a person to whom regulation 148 of the Employment and Support Allowance Regulations 2008 (work and training beneficiaries) applies.”.

Amendment of the Statutory Maternity Pay (General) Regulations 1986

46.  In regulation 25A(1) of the Statutory Maternity Pay (General) Regulations 1986(149) (provision of information relating to claims for certain other benefits) for “or incapacity benefit”, substitute “, incapacity benefit or an employment and support allowance”.

CHAPTER 2 National Insurance

Amendment of the Social Security Contributions and Benefits Act 1992

47.—(1) Section 44A(150) of the Social Security Contributions and Benefits Act 1992 (deemed earnings factors) is amended as follows.

(2) In subsection (2)(d)—

(a) after “incapacity benefit” insert “or qualifying employment and support allowance”; and

(b) in sub-paragraph (i) after “Schedule 3” add “or, as the case may be, paragraph 1 of Schedule 1 to the Welfare Reform Act”.

(3) After subsection (6) add—

“(7) In subsection (2)(d) “qualifying employment and support allowance” means contributory employment and support allowance where—

(a) that allowance was payable for a continuous period of 52 weeks;

(b) that allowance included the support component under section 2(2) of the Welfare Reform Act; or

(c) in the case of—

(i) a man born between 6th April 1944 and 5th April 1947; or

(ii) a woman born between 6th April 1949 and 5th April 1951,

that allowance was payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.”.

Amendment of the Social Security (Credits) Regulations 1975

48.—(1) The Social Security (Credits) Regulations 1975(151) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “benefit”(152) after “income-based jobseeker’s allowance” insert “and includes a contributory employment and support allowance but not an income-related employment and support allowance”;

(b) after the definition of “contribution-based jobseeker’s allowance”(153) insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(c) after the definition of “income-based jobseeker’s allowance” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(d) in the definition of “reckonable year”(154)—

(i) after sub-paragraph (a) omit “or”; and

(ii) after sub-paragraph (b) add—

“or

(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).”;

(e) in the definition of “relevant benefit year”(155)—

(i) after sub-paragraph (a) omit “and”; and

(ii) after sub-paragraph (b) add—

“and

(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

(f) after the definition of “relevant past year”(156) insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 3(1)(157) (general provisions relating to the crediting of contributions and earnings)—

(a) after sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (b) add—

“or

(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,”.

(4) In regulation 8(1)(158) (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”.

(5) In regulation 8A(2)(c)(159) (credits for unemployment) after “incapable of work” insert “or had limited capability for work”.

(6) In regulation 8B(160) (credits for incapacity for work)—

(a) in the heading, after “incapacity for work” insert “or limited capability for work”; and

(b) in paragraph (2) after sub-paragraph (a) omit “or” and substitute—

“(aa) a week in which, in relation to the person concerned, each of the days—

(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

(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”.

(7) In regulation 8C(1)(161) (credits on termination of bereavement benefits)—

(a) after sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (b) add—

(c) after sub-paragraph (b) add—

“or

(c) paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.”.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001

49.—(1) The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(162) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “contributory 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”;

(b) after the definition of “contributory benefit” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(c) after the definition of “earnings factor” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(d) in the definition of “relevant benefit year” after sub-paragraph (b) add—

“(c) paragraph 3(1)(f) of Schedule 1 to the Welfare Reform Act (conditions relating to national insurance), in relation to a contributory employment and support allowance.”; and

(e) after the definition of “relevant time” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 4 (treatment for the purpose of any contributory benefit of late paid contributions)—

(a) in paragraph (8) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

(b) after paragraph (9)(b) insert—

“(c) a contributory employment and support allowance is a reference to the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act”.

(4) In regulation 5(163) (treatment… of late paid primary Class 1 contributions etc.)—

(a) in paragraph (1)(b)—

(i) after paragraph (i) omit “or”; and

(ii) after paragraph (ii) add—

“or

(iii) a contributory employment and support allowance, is not paid before the beginning of the relevant benefit year,”;

(b) in paragraph (2)(a) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”; and

(c) in paragraph (3)(a)(164) after (ii) add—

“(iii) a contributory employment and support allowance is a reference to the condition specified in paragraph 1(1) of Schedule 1 to the Welfare Reform Act;”.

(5) In regulation 5A(a)(165) (treatment for the purpose of any contributory benefit of duly paid primary Class 1 contributions in respect of retrospective earnings) for “or short-term incapacity benefit” substitute “, short-term incapacity benefit or a contributory employment and support allowance”.

CHAPTER 3 Adjustments and Deductions

Amendment of the Social Security (Recovery of Benefits) Act 1997

50.—(1) The Social Security (Recovery of Benefits) Act 1997(166) is amended as follows.

(2) In section 29(167) (general interpretation) in the definition of “benefit” after “a jobseeker’s allowance” insert “, an employment and support allowance”.

(3) In Schedule 2(168) (calculation of compensation payment) in column (2) (benefit) after the entry “Disablement pension payable under section 103 of the 1992 Act” insert the entry “Employment and support allowance”.

Amendment of the Social Security (Overlapping Benefits) Regulations 1979

51.—(1) The Social Security (Overlapping Benefits) Regulations 1979(169) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “contributory benefit”(170) for “ and a contribution-based jobseeker’s allowance” substitute “a contribution-based jobseeker’s allowance and a contributory employment and support allowance”;

(b) in the definition of “personal benefit”(171) after “includes” insert “a contributory employment and support allowance but not an income-related employment and support allowance and includes”; and

(c) after the definition of “1914-1918 War Injuries Scheme” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007.”.

(3) In regulation 4(1)(a)(172) (adjustment of personal benefit etc.) after “industrial injuries benefits)” insert “, Part 1 of the Welfare Reform Act”.

(4) In regulation 10(1)(173) (adjustment of dependency benefit where certain personal benefit is payable) after sub-paragraph (j) add—

“(k) a contributory employment and support allowance,”.

(5) In regulation 16(174) (persons to be treated as entitled to benefit for certain purposes)—

(a) after “the Act” the first time it occurs insert “, Part 1 of the Welfare Reform Act”; and

(b) after “under it,” the first time it occurs insert “ Part 1 of the Welfare Reform Act and regulations made under it”.

(6) In regulation 17(175) (prevention of double adjustments) for “or under the Jobseekers Act” each time it occurs substitute “, the Jobseekers Act or Part 1 of the Welfare Reform Act”.

(7) In Schedule 1(176) (personal benefits which are required to be adjusted etc.) in column (1) (personal benefit under the Act) in paragraph 4, after “severe disablement allowance” insert “, contributory employment and support allowance”.

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988

52.—(1) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(177) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “benefit”(178) after “state pension credit” insert “, an employment and support allowance”;

(b) after the definition of “disabled person’s tax credit”(179) insert—

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

(c) after the definition of “tax credit” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 2(4)()(180) (making of interim payments) after “income support” insert “or income-related employment and support allowance”.

(4) In regulation 4(3)(c)(181) (recovery of overpaid interim payments) after “income support” insert “or income-related employment and support allowance”.

(5) In regulation 5(3)(182) (offsetting prior payment against subsequent award) after “income-based jobseeker’s allowance” insert “or an income-related employment and support allowance”.

(6) In regulation 7 (duplication and prescribed income)—

(a) in paragraph (1)(a)(183) after “Part III of the State Pension Credit Regulations” insert “or Part 10 of the Employment and Support Allowance Regulations”; and

(b) in paragraph (1)(b) after “(child support maintenance)” insert “or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations (child support)”.

(7) In regulation 8 (duplication and prescribed payments)—

(a) in paragraph (1)(184), after sub-paragraph (k) add—

“(l) a contributory employment and support allowance.”; and

(b) in paragraph (2)(185) after “income-based jobseekers allowance” add “or income-related employment and support allowance”.

(8) In regulation 13(1)(b)(186) (sums to be deducted in calculating recoverable amounts) after “income-based jobseeker’s allowance” insert “or income-related employment and support allowance”.

(9) In regulation 14(187) (quarterly diminution of capital) after “or an income-based jobseeker’s allowance” each time it occurs insert “, or income-related employment and support allowance”.

(10) In regulation 15(2)(d)(188) (recovery by deduction from prescribed benefits) after “income support,” insert “an employment and support allowance,”.

(11) In regulation 16 (limitations on deductions from prescribed benefits)—

(a) in paragraph (4A)(189) 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.”;

(b) in paragraph (6)(190) 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 16 and 17 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),”; and

(c) in paragraph (8)(191)—

(i) in the definition of “personal allowance for a single claimant aged not less than 25” for “either” substitute “an employment and support allowance,”; and

(ii) in the definition of “specified benefit”—

(aa) after paragraph (d) omit “and”; and

(bb) after paragraph (e) add—

“and

(f) an employment and support allowance,”.

(12) In regulation 17(192) (recovery from couples) after “income-based jobseeker’s allowance” each time it occurs insert “or income-related employment and support allowance”.

Amendment of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

53.—(1) The Community Charges (Deductions from Income Support) (No. 2) Regulations 1990(193) are amended as follows.

(2) In regulation 2 (applications for deductions etc.)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) in paragraph (1) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and

(c) in paragraph (2)(e) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

(3) In regulation 3—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and

(b) in paragraph (1) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(4) In regulation 4 (circumstances, time of making and termination of deductions) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

Amendment of the Fines (Deductions from Income Support) Regulations 1992

54.—(1) The Fines (Deductions from Income Support) Regulations 1992(194) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “benefit week”(195) after “1996” add “or regulation 2(1) of the Employment and Support Allowance Regulations”;

(b) after the definition of “contribution-based jobseeker’s allowance”(196) insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(c) after the definition of “court” insert—

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

(d) after the definition of “income-based jobseeker’s allowance”(197) insert—

““income-related employment and support allowance” means—

(e) in the definition of “personal allowance for a single claimant aged not less than 25”, after sub-paragraph (b), insert—

“(c) in the case of a person who is entitled to an income-related employment and support allowance, the amount specified for the time being in paragraph 1(1)(b) of column 2 of schedule 4 to the Employment and Support Allowance Regulations;”;

(f) in the definition of “social security office”(198) for “or a jobseeker’s allowance” substitute “, a jobseekers allowance or an employment and support allowance”; and

(g) after the definition of “tribunal”(199) insert —

““the Welfare Reform Act” means the Welfare Reform Act 2007;”.

(3) In regulation 2(200) (application for deductions) for “jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”.

(4) In regulation 2A(2)(201) (information that the court or fines officer may require) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.

(5) In regulation 4(202) (deductions from offender’s income support etc.) —

(a) in paragraph (1)(a) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”;

(b) in paragraph (2)—

(i) in sub-paragraph (a) after “jobseeker’s allowance” insert “or contributory employment and support allowance”; and

(ii) for sub paragraph (b) substitute—

“(b) the amount payable, before any deductions under this paragraph, of—

(i) contribution-based jobseeker’s allowance is equal to or more than one-third of the age related amount applicable to the offender under section 4 (1) (a) of the Jobseekers Act; or

(ii) contributory employment and support allowance is equal to or more than one third of the amount applicable to the offender under section 2(1)(a) of the Welfare Reform Act,

as the case may be,”, and

(iii) after “Jobseekers Act” the second time it occurs insert “or under section 2 (1)(a) of the Welfare Reform Act”.

(6) In regulation 7(203) (circumstances, time of making and making of deductions) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”.

Amendment of the Council Tax (Deductions from Income Support) Regulations 1993

55.—(1) The Council Tax (Deductions from Income Support) Regulations 1993(204) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) —

(a) in the definition of “benefit week” after “State Pension Credit Regulations 2002” insert “, regulation 2(1) of the Employment and Support Allowance Regulations 2008”;

(b) after the definition of “contribution-based jobseeker’s allowance” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (employment and support allowance);”;

(c) after the definition of “income-based jobseeker’s allowance” insert—

““income-related employment and support allowance” means—

(d) in the definition of “personal allowance for a single claimant aged not less than 25”—

(i) after sub-paragraph (a) omit “or”;

(ii) after sub-paragraph (b) add—

“or

(c) in the case of a person who is entitled to income-related employment and support allowance, the amount specified for the time being in paragraph 1 of column 2 of Schedule 4 to the Employment and Support Allowance Regulations 2008;”;

(e) in the definition of “social security office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;

(f) after the definition of “tribunal” insert—

““the Welfare Reform Act” means the Welfare Reform Act 2007.”.

(3) In regulation 2 (application for deductions... England and Wales)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and

(b) for “or jobseeker’s allowance” each time it occurs substitute “, a jobseeker’s allowance or an employment and support allowance”;

(4) In regulation 3 (application for deductions… Scotland)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) for “or jobseeker’s allowance” each time it occurs substitute “, a jobseeker’s allowance or an employment and support allowance”.

(5) In regulation 4(1)(f) (contents of application) for “or jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.

(6) In regulation 5 (deductions from debtor’s income support etc.)—

(a) in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) in paragraph (1)(a) for “or income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and

(c) in paragraph (2)—

(i) in sub-paragraph (a) after “allowance” insert “or contributory employment and support allowance”; and

(ii) for sub-paragraph (b) substitute—

“(b) the amount payable, before any deductions under this paragraph, of—

(i) contribution-based jobseeker’s allowance is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act; or

(ii) contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,

as the case may be,”; and

(iii) after “Jobseekers Act” the second time it occurs insert “or under section 2(1)(a) of the Welfare Reform Act”.

(7) In regulation 8 (circumstances, time of making and termination of deductions)—

(a) in paragraph (1)—

(i) for “ or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(ii) for “regulation 7 or 7A” substitute “regulation 5”; and

(iii) in sub-paragraph (a) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;

(b) in paragraph (2) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”;

(c) in paragraph (3) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”; and

(d) in paragraph (5) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

Amendment of the Social Security (Loss of Benefit) Regulations 2001

56.—(1) The Social Security (Loss of Benefit) Regulations 2001(205) are amended as follows.

(2) In regulation 2 (disqualification period)—

(a) in paragraph (1)(206)—

(i) in sub-paragraph (a)(iii) after “state pension credit” insert “, employment and support allowance”; and

(ii) in sub-paragraph (b)(iii) for “or state pension credit” substitute “, state pension credit or employment and support allowance”; and

(b) in paragraph (3)(c)(207) after “state pension credit” insert “, employment and support allowance”.

(3) In regulation 3 (reduction of income support)—

(a) in the heading after “income support” add “and income-related employment and support allowance”;

(b) in paragraph (1) after “income support” the first time it occurs insert “or an income-related employment and support allowance”;

(c) in paragraph (4) after “income support” each time it occurs insert “or an income-related employment and support allowance”;

(d) in paragraph (5) after “income support” insert “or an income-related employment and support allowance”; and

(e) in paragraph (6) after “Regulations” add “or, as the case may be, regulation 2(1) of the Employment and Support Allowance Regulations 2008”.

CHAPTER 4 Child Support

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992

57.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992(208) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “benefit week” after “Jobseeker’s Allowance Regulations,” insert “in relation to employment and support allowance has the same meaning as in the Employment and Support Allowance Regulations 2008,”;

(b) after the definition of “family credit” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007;”; and

(c) in the definition of “relevant benefit” after “income-based jobseeker’s allowance,” insert “income-related employment and support allowance”.

(3) In paragraph (3)(c) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(4) In regulation 8D(8)(209) (miscellaneous provisions in relation to interim maintenance assessments) “income support” each time it occurs insert “, an income-related employment and support allowance”.

(5) In regulation 30A(5)(210) (effective dates of new maintenance assessments in particular cases) for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.