Office of Public Sector Information

PART 1 General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 and come into force on 27th October 2008.

(2) These Regulations extend to England and Wales and Scotland except as provided below.

(3) Where an enactment that is amended by these Regulations has a more limited extent than that referred to in paragraph (2), the amendment has the same extent as the enactment to which it refers.

PART 2 Employment

Amendment of the Employment Rights Act 1996

2.  In section 90 of the Employment Rights Act 1996(3) (short-term incapacity benefit and industrial injury benefit)—

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

(b) in subsection (1)(b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.

Amendment of the National Minimum Wage Regulations 1999

3.  In regulation 12(11)(b)(i) of the National Minimum Wage Regulations 1999(4) (workers who do not qualify for the national minimum wage) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.

PART 3 Children and Education

Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997

4.  In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 1997(5) (remission of charges for school meals) after sub-paragraph (c) add—

“or

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

Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999

5.  In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999(6) (milk, meals and refreshment) after “income support” insert “, an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007)”.

Amendment of the Education (Student Loans) (Repayment) Regulations 2000

6.  In regulation 15(5) of the Education (Student Loans) (Repayment) Regulations 2000(7) (time for and amount of repayments)—

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

(b) after sub-paragraph (i) add—

“and

(j) employment and support allowance.”.

Amendment of the Special Guardianship Regulations 2005

7.  In regulation 9(c) of the Special Guardianship Regulations 2005(8) (cessation of financial support) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

PART 4 Utilities

Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999

8.  In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999(9) (special provision to be included in charges schemes) after sub-paragraph (d) insert—

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

Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005

9.  In regulation 4(2) of the Home Energy Efficiency Scheme (England) Regulations 2005(10) (persons who may apply for a grant)—

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

(b) after sub-paragraph (c) insert—

“and

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

PART 5 Health

Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005

10.—(1) The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(11) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “income-based jobseeker’s allowance” insert—

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

(3) In regulation 3(3)(a)(12) (entitlement to benefit) after sub-paragraph (iii) insert—

“or

(iv) an income-related employment and support allowance;”.

(4) In Schedule 2(13) (application for benefit) in paragraph 4(1)(a)—

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

(b) at the end of sub-paragraph (iii) for “and” substitute—

“or

(iv) an income-related employment and support allowance; and”.