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Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

58.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992(211) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “weekly council tax” insert—

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

(3) In regulation 7(1)(b) (net income: calculation or estimation of N) for “or the Jobseekers Act” substitute “, the Jobseekers Act or the Welfare Reform Act”.

(4) In regulation 28(1) (amount payable where absent parent is in receipt of income support or other prescribed benefit) after “income-based jobseeker’s allowance” insert “, income-related employment and support allowance under Part 1 of the Welfare Reform Act,”.

(5) In Schedule 1 (calculation of N and M) in paragraph 6(2) of Part II (benefit payments) for “or the Jobseekers Act” substitute “, the Jobseekers Act or the Welfare Reform Act”.

Amendment of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996

59.—(1) The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996(212) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after the definition of “the Act” insert—

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

(3) In regulation 2(c) (interpretation for the purposes of section 74A of the Act) after (ii) add—

“or

(iii) any income which is taken into account under Part 10 of the Employment and Support Allowance Regulations for the purposes of calculating the amount of employment and support allowance to which the claimant is entitled.”.

(4) In regulation 3 (persons of a prescribed description) after sub-paragraph (b) add—

“or

(c) is referred to as a “young person” in the Employment and Support Allowance Regulations by virtue of regulation 2(1) of those Regulations.”;

(5) In regulation 5 (circumstances in which persons are to be treated as being members of the same household)—

(a) omit “either”; and

(b) after “Jobseeker’s Allowance Regulations” insert “or regulation 156 of the Employment and Support Allowance Regulations”.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996

60.—(1) The Child Support Departure Direction and Consequential Amendments Regulations 1996(213) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “effective date” insert—

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

(3) In regulation 9(214) (departure directions and persons in receipt of income support, state pension credit, income-based jobseeker’s allowance, or working tax credit)—

(a) in the heading after “state pension credit ” insert “, income-related employment and support allowance,”; and

(b) after “state pension credit” each time it occurs insert “, income-related employment and support allowance”.

(4) In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Act) after “income-based jobseeker’s allowance” insert “, income-related employment and support allowance,”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

61.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000(215) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “war widower’s pension”(216) insert—

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

(3) In regulation 4 (flat rate)—

(a) in paragraph (1)(217)—

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

(ii) after sub-paragraph (g) add—

“and

(h) contributory employment and support allowance under section 2 of the Welfare Reform Act.”;

(b) in paragraph (2)(218) after sub paragraph (c) add—

“and

(d) income-related employment and support allowance under section 4 of the Welfare Reform Act.”.

(4) In regulation 5(d)(219) (nil rate) for “or income-based jobseeker’s allowance” each time it occurs substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

Amendment of the Child Support (Variations) Regulations 2000

62.  In regulation 32 of the Child Support (Variations) Regulations 2000(220) (meaning of “benefit” for the purposes of section 28E(221) of the Act) after “income-based jobseeker’s allowance,” insert “income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007”.

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000

63.  In Schedule 1 (meaning of “child” for the purposes of the Act) in paragraph 1(3)(b) (persons of 16 or 17 years of age who are not in full-time non-advanced education) of the Child Support (Maintenance Calculation Procedure) Regulations 2000(222) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or income-related employment and support allowance”.

CHAPTER 5 Miscellaneous Amendments

Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974

64.—(1) The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974(223) are amended as follows.

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

(a) after the definition of “the Industrial Injuries Act” insert—

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

(b) after the definition of “appropriate weekly rate” insert—

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

(3) In regulation 3(224) (modifications, etc.)—

(a) in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”;

(b) in paragraph (1)—

(i) in sub-paragraph (a) after “the Act” add “or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the first condition referred to in paragraph 1(1) of Schedule 1 to the Welfare Reform Act”; and

(ii) in sub-paragraph (b) after “the Act” insert “or, in relation to contributory employment and support allowance, she shall be deemed to have satisfied the second condition referred to in paragraph 2(1) of Schedule 1 to the Welfare Reform Act”; and

(c) in paragraph (5) after “short-term incapacity benefit” each time it appears insert “, contributory employment and support allowance”.

Amendment of the Social Security (Airmen’s Benefits) Regulations 1975

65.—(1) The Social Security (Airmen’s Benefits) Regulations 1975(225) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Act” insert—

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

(3) In regulation 2(226) (removal of disqualification etc.)

(a) in paragraph (1)—

(i) after “of the Act” insert “or section 18(1) of the Welfare Reform Act”; and

(ii) after “incapacity benefit” insert “, employment and support allowance”.

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “, employment and support allowance”; and

(ii) after “incapable of work” insert “or to have limited capability for work as defined in section 1(4) of the Welfare Reform Act”.

(4) In regulation 3(227) (application of the Act and regulations) after “thereunder” the second time it occurs insert “ and Part 1 of the Welfare Reform Act and regulations made under it”.

Amendment of the Social Security (Benefit) (Members of the Forces) Regulations 1975

66.  In regulation 2 (unemployment etc.) of the Social Security (Benefit) (Members of the Forces) Regulations 1975(228) after “jobseeker’s allowance” insert “, an employment and support allowance”.

Amendment of the Social Security (Mariners’ Benefits) Regulations 1975

67.—(1) The Social Security (Mariners’ Benefits) Regulations 1975(229) are amended as follows.

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

(a) after the definition of “Contributions Regulations” insert—

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

(b) after the definition of “on-shore share fisherman” insert—

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

(3) In regulation 4 (removal of disqualification etc.)—

(a) after “of the Act” insert “or section 18(1) of the Welfare Reform Act 2007,”; and

(b) after “incapacity benefit” each time it occurs insert “, contributory employment and support allowance”;

(4) In regulation 5 (evidence of unemployment or incapacity)—

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

(b) after “incapacity benefit” insert “, contributory employment and support allowance”.

(5) In regulation 6 (special provisions etc.)—

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

(b) in paragraph (2)—

(i) after “incapacity benefit” insert “, contributory employment and support allowance”; and

(ii) after “incapable of work” insert “or as having limited capability for work as defined in section 1(4) of the Welfare Reform Act”.

Amendment of the Social Security (Medical Evidence) Regulations 1976

68.—(1) The Social Security (Medical Evidence) Regulations 1976(230) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after the definition of “the Contributions and Benefits Act”(231) insert—

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

“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act 2007;

“limited capability for work assessment” means the assessment of whether a person has limited capability for work as set out in regulation 19(2) of, and in Schedule 2 to, the Employment and Support Allowance Regulations;”.

(3) In regulation 2 (evidence of incapacity for work and confinement)—

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

(b) in paragraph (1)(232)—

(i) after “incapable of work” insert “or having limited capability for work”;

(ii) after “personal capability assessment” each time it occurs insert “or the limited capability for work assessment”;

(iii) after “evidence of such incapacity” insert “or limited capability for work”; and

(iv) in sub-paragraph (c) after “incapable of work” insert “or whether a person has or does not have limited capability for work”; and

(c) in paragraph (2)(233) after “personal capability assessment” insert “or the limited capability for work assessment”.

(4) In regulation 5(234) (self-certificate for first 7 days of a spell of incapacity for work)—

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

(b) in paragraph (1)—

(i) after “incapacity” insert “or limited capability for work”;

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

(iii) after sub-paragraph (b) insert—

“(c) for a period of limited capability for work which lasts less than 8 days; or

(d) in respect of any of the first 7 days of a longer period of limited capability for work,”; and

(c) in paragraph (2) for the definition of “self-certificate” substitute—

““self-certificate” means either—

that the claimant has been unfit for work from a date or for a period specified in the declaration and may include a statement that the claimant expects to continue to be unfit for work on days subsequent to the date on which it is made;.”.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

69.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000(235) are amended as follows.

(2) In regulation 1(3) (citation, commencement and interpretation)—

(a) after the definition of “the Disability Living Allowance Regulations” insert—

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

(b) after the definition of “the Severe Disablement Allowance Regulations” add—

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

(3) In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999(236))—

(a) in paragraph (1) after “Benefits Acts” insert “income-related employment and support allowance,”;

(b) in paragraph (4)(a) after “Benefits Act,” insert “or income-related employment and support allowance,”; and

(c) in paragraph (5) after “Jobseeker’s Allowance Regulations (urgent cases) insert “, to employment and support allowance by virtue of regulation 162 of the Employment and Support Allowance Regulations (urgent cases)”;

(4) In regulation 12 (transitional arrangements and savings) in paragraph (3) after “Income Support Regulations” insert “, regulation 162 of the Employment and Support Allowance Regulations”.

(5) In the heading to Part 1 of the Schedule (persons not excluded from certain benefits etc.) after “Income Support,” insert “Income-Related Employment and Support Allowance,”.

Amendment of the Children (Leaving Care) Social Security Benefits Regulations 2001

70.  In regulation 2(1) of the Children (Leaving Care) Social Security Benefits Regulations 2001(237) (entitlement to benefits) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

71.—(1) In regulation 11(4) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003(238) (failure to take part in an interview) after sub-paragraph (a) insert—

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

Amendment of the Age-Related Payments Regulations 2005

72.  In regulation 2(3)(a) of the Age-Related Payments Regulations 2005(239) (entitlement: basic cases) for “or income support” substitute “, income support or income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007”.