Social Security PART 1 General Citation and commencement 1 These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008. PART 2 Common provisions Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 2 In paragraph 5(2) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (transitional and savings provisions), in the paragraph inserted as paragraph (4) of regulation 13 of both the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after sub-paragraph (c) insert— ca has limited capability for work within the meaning of section 1(4) of the Welfare Reform Act 2007; or cb is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or . Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 3 1 The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows. 2 In regulation 1(2) (citation, commencement and interpretation) after the definition of “relevant decision” add— “the Welfare Reform Act ” means the Welfare Reform Act 2007. . 3 In regulation 7(2) (decisions superseding earlier decisions)— a in sub-paragraph (i) at the beginning insert “except where sub-paragraph (o) applies,”; and b after sub-paragraph (n) add— o where— i the claimant has been awarded entitlement to housing benefit or council tax benefit; ii the claimant or the claimant’s partner has made a claim for employment and support allowance; iii subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; and iv either— aa the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or bb regulation 7 of the Employment and Support Allowance Regulations 2008 (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) applies. . 4 In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14C) insert— 14D Where the decision is superseded in accordance with regulation 7(2)(o), the decision shall take effect from— a the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2)(o)(iii); or b the first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act, if that day is the first day of the benefit week but, if it is not, from the next following such day. . PART 3 The Housing Benefit Regulations 2006 General 4 The Housing Benefit Regulations 2006 are amended in accordance with this Part. Amendment of regulation 2 5 1 Regulation 2 (interpretation) is amended as follows. 2 In paragraph (1)— a in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance ” ; b in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act ” ; c after the definition of “the Consequential Provisions Regulations” insert— “ contributory employment and support allowance ” means a contributory allowance under Part 1 of the Welfare Reform Act; ; d after the definition of “employed earner” insert— “ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008 ; ; e after the definition of “an 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; ; ee after the definition of “Jobseeker’s Allowance Regulations” insert— “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act; “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act; ; f after the definition of “the Macfarlane Trust” insert— “ main phase employment and support allowance ” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act; ; g in the definition of “qualifying contributory benefit” after sub-paragraph (b) add— c contributory employment and support allowance; ; h in the definition of “qualifying income-related benefit” after sub-paragraph (b) add— c income-related employment and support allowance; ; i after the definition of “water charges” insert— “ Welfare Reform Act ” means the Welfare Reform Act 2007; . 3 After paragraph (3) insert— 3A For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day— a in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or b which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. . Amendment of regulation 5 6 In regulation 5(1)(b) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “ , on an income-based jobseeker's allowance or on an income-related employment and support allowance ” . Amendment of regulation 6 7 In regulation 6(6) (remunerative work) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 7 7A In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after “Schedule 3” add “or a component under paragraph 23 or 24 of that Schedule”. Amendment of regulation 10 8 In regulation 10(3B)(k) (persons from abroad) for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ” . Amendment of regulation 11 9 In regulation 11 (eligible housing costs)— a in paragraph (2) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b in paragraph (4) 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 ” . Amendment of regulation 19 10 In regulation 19(2)(a) (persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 22 11 In regulation 22 (applicable amounts) after sub-paragraph (d) add— e the amount of either the— i work-related activity component; or ii ...support component, which may be applicable to him in accordance with Part 5 of Schedule 3 (the components). . Amendment of regulation 23 12 In regulation 23 (polygamous marriages) after sub-paragraph (e) add— f the amount of either the— i work-related activity component; or ii ...support component, which may be applicable to him in accordance with Part 5 of Schedule 3 (the components). . Amendment of regulation 26 13 In regulation 26(1) (circumstances in which income of non-dependant is to be treated as claimant's) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 28 14 In regulation 28 (treatment of child care charges)— a in paragraph (2)— i after sub-paragraph (b) insert— ba is paid an employment and support allowance; and ii in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work ” ; b in paragraph (3)(a) after “short-term incapacity benefit” insert “ , an employment and support allowance ” ; c in paragraph (11) — i in sub-paragraph (a) after “incapacity” add “ or the support component or the work-related activity component on account of the other member having limited capability for work ” ; ii after sub-paragraph (b) insert— ba the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations; ; iii after sub-paragraph (c) insert— ca the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period; ; and iv in sub-paragraph (d) after (vi) add— vii main phase employment and support allowance; ; and d after paragraph (12) insert— 12A For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work. . Amendment of regulation 40 15 In regulation 40 (calculation of income other than earnings) after paragraph (5) insert— 5A Where the claimant or, where the claimant is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations the amount of that benefit to be taken into account is the amount as if it had not been reduced. . Amendment of regulation 50 16 In regulation 50 (diminishing notional capital rule)— a in paragraph (3)— i at the end of paragraph (c) omit “and”; and ii after sub-paragraph (d) add— and e where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital). ; b in paragraph (4) after sub-paragraph (d) add— e if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7. ; and c in paragraph (8)(b)— i for “and (d)” substitute “ , (d) and (e) ” ; and ii in paragraph (i) after “income support” insert “ , an income-related employment and support allowance ” . Amendment of regulation 56 17 In regulation 56(2) (full-time students to be treated as not liable to make payments in respect of a dwelling)— a in sub-paragraph (a) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b after sub-paragraph (e) insert— ea who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period; . Amendment of regulation 74 18 In regulation 74(8) (non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) ” . Amendment of regulation 83 19 In regulation 83 (time and manner in which claims are to be made)— a in paragraph (4) — i in sub-paragraph (a) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; ii in sub-paragraph (c) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; b in paragraph (5) — i in sub-paragraph (a)— aa 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 ” ; bb for “or jobseeker's allowance” substitute “ , jobseeker's allowance or employment and support allowance ” ; and cc omit “ and for the purposes of” to the end; and ii in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and c after paragraph (5) insert— 5A For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under— a in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or b in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days). . Amendment of regulation 88 20 In regulation 88(3)(d) (duty to notify changes of circumstances)— a for “or income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b 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 ” . Amendment of regulation 95 21 In regulation 95(1)(a) (circumstances in which payment is to be made to a landlord) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” . Amendment of regulation 105 22 In regulation 105(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add— f an employment and support allowance. . Amendment of Schedule 3 23 In Schedule 3 (applicable amounts)— a in Part 1 (personal allowances) for sub-paragraphs (1) to (3) of paragraph 1 substitute— Column (1) Person or couple Column (2) Amount (1) A single claimant who— (1) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 25; (b) £60.50; (c) is aged less than 25. (c) £47.95. (2) Lone parent who— (2) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 18; or (b) £60.50; (c) is aged less than 18. (c) £47.95. (3) Couple where— (3) (a) the claimant is entitled to main phase employment and support allowance; (a) £94.95; (b) at least one member is aged not less than 18; (b) £94.95; (c) both members are aged less than 18. (c) £72.35. b in Part 3 (premiums) after sub-paragraph (8) of paragraph 13 (additional conditions for the Disability Premium) add— 9 The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work .... ; c in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute— 1 Subject to sub-paragraph (2), the condition is that— a the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or b the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of— i the claimant; or ii a member of the claimant's family, who is aged less than 60. . d after Part 4 (amounts of premiums specified in Part 3) add— PART 5 The components 21 Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if— a the claimant or the claimant’s partner has made a claim for employment and support allowance; b the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and c either— i the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or ii regulation 7 of the Employment and Support Allowance Regulations (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) applies. 22 1 The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13. 2 Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant. The work-related activity component 23 The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work. The support component 24 The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity. PART 6 Amount of components 25 The amount of the work-related activity component is £24.00. 26 The amount of the support component is £29.00. . Amendment of Schedule 4 24 In Schedule 4 (sums to be disregarded in the calculation of earnings)— a in paragraph 3(2) for “or severe disability premium” substitute “, severe disability premium, work-related activity component or support component ” ; b in paragraph 12 for “or an income-based jobseeker's allowance” substitute “, an income-based jobseeker's allowance or an income-related employment and support allowance ” c in paragraph 17(2)(b)(iv) — i for paragraph (aa) substitute— aa the claimant's applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 3 ...; and ii in paragraph (bb) for “ ... disability premium” substitute “, a disability premium, the work-related activity component or the support component ” . Amendment of Schedule 5 25 In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 4 for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b in paragraph 7 after sub-paragraph (c) add— d an income-related employment and support allowance. . Amendment of Schedule 6 26 In Schedule 6 (capital to be disregarded)— a in paragraph 5 for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b in paragraph 9(1) after sub-paragraph (e) add— f an income-related employment and support allowance, . Amendment of Schedule 9 27 In Schedule 9 (matters to be included in decision notice)— a in paragraph 9— i in the heading, for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance, an income-related employment and support allowance ” ; and ii for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; b in paragraph 10— i in the heading for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and ii for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ” ; and c in paragraph 14(a)(ii) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . PART 4 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 General 28 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended in accordance with this Part. Amendment of regulation 2 29 1 Regulation 2 (interpretation) is amended as follows. 2 In paragraph (1)— a in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance” ; b in the definition of “the benefit Acts” after “the Jobseekers Act” insert “, the Welfare Reform Act” ; bb after the definition of “the Consequential Provisions Regulations” insert— “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act; ; c after the definition of “employed earner” insert— “ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008; ; d after the definition of “an 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; ; e after the definition of “the Macfarlane Trust” insert— “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act; ; f in the definition of “qualifying contributory benefit” after sub-paragraph (b) add— c contributory employment and support allowance; ; g in the definition of “qualifying income-related benefit” after sub-paragraph (b) add— c income-related employment and support allowance; ; h after the definition of “water charges” insert— “ Welfare Reform Act ” means the Welfare Reform Act 2007; . 3 After paragraph (3) insert— 3A For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day— a in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or b which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. . Amendment of regulation 5 30 In regulation 5(2) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “, on an income-based jobseeker's allowance or on an income-related employment and support allowance” . Amendment of regulation 6 31 In regulation 6(6) (remunerative work) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 19 32 In regulation 19(2)(a) (persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 29 33 In regulation 29(4) (meaning of “income”) after sub-paragraph (c) add— d section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor's allowances). . Amendment of regulation 31 34 In regulation 31 (treatment of child care charges)— a in paragraph (2)— i after sub-paragraph (b) insert— ba is paid an employment and support allowance; and ii in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work ” ; b in paragraph (3)(a) after “short-term incapacity benefit” insert “ , an employment and support allowance ” ; c in paragraph (11) — i after sub-paragraph (b) insert— ba the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations; ; ii after sub-paragraph (c) insert— ca the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period; ; iii in sub-paragraph (d) after (vi) add— vii main phase employment and support allowance; ; and d after paragraph (12) insert— 12A For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work. . Amendment of regulation 48 35 In regulation 48 (diminishing notional capital rule)— a in paragraph (3) after sub-paragraph (d) add— ; and e where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital). ; b in paragraph (4) after sub-paragraph (d) add— e if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7. ; and c in paragraph (8)(a)— i for “and (d)” substitute “ , (d) and (e) ” ; and ii in paragraph (i) after “state pension credit” insert “ , an income-related employment and support allowance ” . Amendment of regulation 54 36 In regulation 54 (continuing payments where state pension credit claimed)— a in paragraph (1)(c)(i) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ” ; b in paragraph (2)(a)(ii) after “jobseeker's allowance” insert “or income-related employment and support allowance ; c in paragraph (3) after “income support” insert “ , income-related employment and support allowance ” . Amendment of regulation 55 37 In regulation 55(8) (non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) ” . Amendment of regulation 64 38 In regulation 64(5) (time and manner in which claims are to be made) — a in sub-paragraph (a) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; and b in sub-paragraph (c) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; Amendment of regulation 86 39 In regulation 86(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add— f an employment and support allowance. . Amendment of Schedule 4 40 In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant's earnings)— a in paragraph (v), at the end, omit “or”; and b after paragraph (vi) add— vii main phase employment and support allowance; or . Amendment of Schedule 6 41 In Schedule 6 (capital to be disregarded)— a in paragraph 21(2)— i in paragraph (k) omit “or”; and ii after sub-paragraph (1) add— or m income-related employment and support allowance. ; and b in paragraph 22(2) after sub-paragraph (d) add— e paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations, . PART 5 Council Tax Benefit Regulations 2006 General 42 The Council Tax Benefit Regulations 2006 are amended in accordance with this Part. Amendment of regulation 2 43 1 Regulation 2 (interpretation) is amended as follows. 2 In paragraph (1)— a in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “, a jobseeker's allowance or an employment and support allowance ” ; b in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act ” ; c after the definition of “the Consequential Provisions Regulations” insert— “ contributory employment and support allowance ” means a contributory allowance under Part 1 of the Welfare Reform Act; ; d after the definition of “employed earner” insert— “ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008; ; e after the definition of “an 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; ; ee after the definition of “Jobseeker’s Allowance Regulations” insert— “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act; “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act; ; f after the definition of “the Macfarlane Trust” insert— “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act; ; g in the definition of “qualifying contributory benefit” after sub-paragraph (b) add— c contributory employment and support allowance; ; h in the definition of “qualifying income-related benefit” after sub-paragraph (b) add— c income-related employment and support allowance; ; i after the definition of “water charges” insert— “ Welfare Reform Act ” means the Welfare Reform Act 2007; . 3 After paragraph (4) insert— 4A For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day— a in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or b which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. . Amendment of regulation 5 44 In regulation 5(1)(b) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “ , on an income-based jobseeker's allowance or on an income-related employment and support allowance ” . Amendment of regulation 6 45 In regulation 6(6) (remunerative work) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 7 46 In regulation 7(4A)(k) (persons from abroad) for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ” . Amendment of regulation 9 47 In regulation 9(2)(a) (persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 12 48 In regulation 12 (applicable amounts) after sub-paragraph (d) add— e the amount of either the— i work-related activity component; or ii ...support component which may be applicable to him in accordance with Part 5 of Schedule 1 (the components). . Amendment of regulation 13 49 In regulation 13 (polygamous marriages) after sub-paragraph (e) add— f the amount of either the— i work-related activity component; or ii ...support component which may be applicable to him in accordance with Part 5 of Schedule 1 (the components). . Amendment of regulation 16 50 In regulation 16(1) (circumstances in which income of non-dependant is to be treated as claimant's) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 18 51 In regulation 18 (treatment of child care charges)— a in paragraph (2)— i after sub-paragraph (b) insert— ba is paid an employment and support allowance; and ii in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work ” ; b in paragraph (3)(a) after “short-term incapacity benefit” insert “ , an employment and support allowance ” ; c in paragraph (11) — i in sub-paragraph (a) after “incapacity” add “ or the support component or the work-related activity component on account of his having limited capability for work ” ; ii after sub-paragraph (b) insert— ba the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations; ; iii after sub-paragraph (c) insert— ca the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period; ; and iv in sub-paragraph (d) after (vi) add— vii main phase employment and support allowance; ; and d after paragraph (12) insert— 12A For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter apply to him for so long as he has, or is treated as having, limited capability for work. . Amendment of regulation 30 52 In regulation 30 (calculation of income other than earning) after paragraph (5) insert— 5A Where the claimant or, where he is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations, the amount of that benefit to be taken into account is the amount as if it had not been reduced. . Amendment of regulation 40 53 In regulation 40 (diminishing notional capital rule)— a in paragraph (3)— i at the end of sub-paragraph (c) omit “and”; and ii after sub-paragraph (d) add— and e where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the whole or part of benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital). ; b in paragraph (4)— i at the end of sub-paragraph (c) omit “and”; and ii after sub-paragraph (d) add— and e if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7. ; and c in paragraph (8)(a)(iii)— i for “and (d)” substitute “ , (d) and (e) ” ; and ii in paragraph (aa) after “income support” insert “ , an income-related employment and support allowance ” . Amendment of regulation 45 54 In regulation 45(3) (students excluded from entitlement to council tax benefit)— a in sub-paragraph (a) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b after sub-paragraph (e) insert— ea who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period. . Amendment of regulation 58 55 In regulation 58(8)(a) (non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance. ” . Amendment of regulation 69 56 In regulation 69 (time and manner in which claims are to be made)— a in paragraph (4) — i in sub-paragraph (a) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; ii in sub-paragraph (c) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; b in paragraph (5)— i in sub-paragraph (a)— aa 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 ” ; bb for “or jobseeker's allowance” substitute “ , jobseeker's allowance or employment and support allowance ” ; and cc omit “and for the purposes of” to the end; and ii in sub-paragraph (b) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; c after paragraph (5) insert— 5A For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance must be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under— a in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or b in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days), have been entitled to that allowance. . Amendment of regulation 74 57 In regulation 74 (duty to notify changes of circumstances)— a in paragraph (3)(d) 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 ” ; and b in paragraph (5) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 90 58 In regulation 90(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add— e an employment and support allowance. . Amendment of Schedule 1 59 In Schedule 1 (applicable amounts)— a in Part 1 (personal allowances) for sub-paragraph 1(1) substitute— (1) A single claimant who— (1) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 25; (b) £60.50; (c) is aged not less than 18 but less than 25. (c) £47.95. b in Part 3 (premiums) after sub-paragraph (9) of paragraph 13 (additional conditions for the Disability Premium) add— 10 The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work .... ; c in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute— 1 Subject to sub-paragraph (2), the condition is that— a the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or b the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of— i the claimant; or ii a member of the claimant's family, who is aged less than 60. . d after Part 4 (amount of premiums specified in Part 3) add— PART 5 The components 21 Subject to paragraph 22 the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if— a the claimant or the claimant’s partner has made a claim for employment and support allowance; b the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and c either— i the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or ii regulation 7 of the Employment and Support Allowance Regulations (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) applies. 22 1 The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13. 2 Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant. The work-related activity component 23 The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work. The support component 24 The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity. PART 6 Amount of components 25 The amount of the work-related activity component is £24.00. 26 The amount of the support component is £29.00. Amendment of Schedule 2 60 In the table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) in column 1— a in sub-paragraph (a) after “income support” insert “ , an income-related employment and support allowance ” ; b in sub-paragraph (b) after “income support” insert “ , an income-related employment and support allowance ” ; and c in sub-paragraph (c) after “state pension credit” insert “ , an income-related employment and support allowance ” . Amendment of Schedule 3 61 In Schedule 3 (sums to be disregarded in the calculation of earnings)— a in paragraph 3(2) for “or severe disability premium” substitute “ , severe disability premium, work-related activity component or support component ” ; b in paragraph 12 for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and c in paragraph 16(2)(b)(iv) — i for paragraph (aa) substitute— aa the claimant's applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 1 respectively; ; and ii in sub-paragraph (bb) after “disability premium” insert “ or either of the components ” . Amendment of Schedule 4 62 In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 4 for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b in paragraph 8 after sub-paragraph (c) add— d an income-related employment and support allowance. . Amendment of Schedule 5 63 In Schedule 5 (capital to be disregarded)— a in paragraph 5 for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and b in paragraph 9(1) after sub-paragraph (e) add— f an income-related employment and support allowance, . Amendment of Schedule 8 64 In Schedule 8 (matters to be included in decision notice)— a in paragraph 9— i in the heading for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and ii for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; b in paragraph 10— i in the heading for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; and ii for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” ; c in paragraph 12(a)(ii) for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ” ; and d in paragraph 13(e) after “income support” insert “ , an income-related employment and support allowance ” . PART 6 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 General 65 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended in accordance with this Part. Amendment of regulation 2 66 1 Regulation 2 (interpretation) is amended as follows. 2 In paragraph (1)— a in the definition of “appropriate DWP office” for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; b in the definition of “the benefit Acts” after “the Jobseekers Act” insert “ , the Welfare Reform Act ” ; c after the definition of “the Consequential Provisions Regulations” insert— “ contributory employment and support allowance ” means a contributory allowance under Part 1 of the Welfare Reform Act; ; d after the definition of “employed earner” insert— “ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008; ; e after the definition of “an 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; ; f after the definition of “the Macfarlane Trust” insert— “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act; ; ff in the definition of “qualifying contributory benefit” after sub-paragraph (b) add— c contributory employment and support allowance; ; g in the definition of “qualifying income-related benefit” after sub-paragraph (b) add— c income-related employment and support allowance; ; h after the definition of “water charges” insert— “ Welfare Reform Act ” means the Welfare Reform Act 2007; . 3 After paragraph (4) insert— 4A For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day— a in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or b which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. . Amendment of regulation 5 67 In regulation 5(2) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or on an income-related employment and support allowance ” . Amendment of regulation 6 68 In regulation 6(6) (remunerative work) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 9 69 In regulation 9(2)(a) (persons of prescribed description) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 19 70 In regulation 19(5) (meaning of “income”) after sub-paragraph (c) add— d section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor's allowances) and regulations made under it. . Amendment of regulation 21 71 In regulation 21 (treatment of child care charges)— a in paragraph (2)— i after sub-paragraph (b) insert— ba is paid an employment and support allowance; and ii in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work ” ; b in paragraph (3)(a) after “short-term incapacity benefit” insert “ , an employment and support allowance ” ; c in paragraph (11) — i after sub-paragraph (b)— ba the claimant's applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations; ; ii after sub-paragraph (c) insert— ca the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days ; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period; ; iii in sub-paragraph (d) after (vi) add— vii main phase employment and support allowance; ; d after paragraph (12) insert— 12A For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work. . Amendment of regulation 38 72 In regulation 38 (diminishing notional capital rule)— a in paragraph (3) after sub-paragraph (d) add— e where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital). ; b in paragraph (4) after sub-paragraph (d) add— e if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7. ; and c in paragraph (8)(b)— i for “and (d)” substitute “ , (d) and (e) ” ; and ii in paragraph (i) after “state pension credit” insert “ , an income-related employment and support allowance ” . Amendment to regulation 42 73 In regulation 42(8)(a) (non-dependant deductions) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 45 74 In regulation 45 (continuing payments where state pension credit is claimed)— a in paragraph (1)(c)(i) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ” ; b in paragraph (2)(a)(ii) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ” ; c in paragraph (3) after “income-based jobseeker's allowance” insert “ , income-related employment and support allowance ” . Amendment of regulation 53 75 In regulation 53 (time and manner in which claims are to be made)— a in paragraph (4) — i in sub-paragraph (a) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; ii in sub-paragraph (c) for “or a jobseeker's allowance” substitute “ , a jobseeker's allowance or an employment and support allowance ” ; Amendment of regulation 59 76 In regulation 59(5) (duty to notify changes of circumstances) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Amendment of regulation 75 77 in regulation 75(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add— e an employment and support allowance. . Amendment of Schedule 2 78 In paragraph 5(1)(a) of Schedule 2 (sums disregarded from claimant's earnings)— a in paragraph (v), at the end, omit “or”; b after paragraph (vi) add— vii main phase employment and support allowance; or . Amendment of Schedule 4 79 In Schedule 4 (capital to be disregarded)— a in paragraph 21(2)— i in paragraph (k) omit “or”; and ii after sub-paragraph (1) insert— or m income-related employment and support allowance, ; b in paragraph 22(2) after sub-paragraph (d) add— e paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations, . Amendment of Schedule 6 80 In paragraph 1of Schedule 6 (amount of alternative maximum council tax benefit) in paragraph (1) in column 1 of the table— a in sub-paragraph (a) after “income support” insert “ , income-related employment and support allowance ” ; b in sub-paragraph (b) after “income support,” insert “ income-related employment and support allowance, ” ; and c in sub-paragraph (c) after “state pension credit” insert “ , an income-related employment and support allowance ” . Amendment of Schedule 7 81 In paragraph 13(e) of Schedule 7 (matters to be included in the decision notice) for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ” . Signed by the authority of the Secretary of State for Work and Pensions. Stephen C Timms Minister of State, Department for Work and Pensions