The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

• (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 (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) 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) (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 is amended as follows.

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

• (3) In Schedule 2 (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 are amended as follows.

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

• (a) in the definition of “contributory benefit” 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” 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) (adjustment of personal benefit etc.) after “industrial injuries benefits)” insert “ , Part 1 of the Welfare Reform Act ”.

• (4) In regulation 10(1) (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 (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 (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 (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 are amended as follows.

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

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

• (b) after the definition of “disabled person's tax credit” 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)() (making of interim payments) after “income support” insert “ or income-related employment and support allowance ”.

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

• (5) In regulation 5(3) (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) 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) , after sub-paragraph (k) add—

(l) a contributory employment and support allowance.

; and

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

• (8) In regulation 13(1)(b) (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 (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) (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) 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) 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) —

• (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 (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 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 are amended as follows.

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

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

• (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;

• (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” insert—

“income-related employment and support allowance” means— 1. an income-related allowance under Part 1 of the Welfare Reform Act; and 2. in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;

• (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” for “or a jobseeker's allowance” substitute “ , a jobseekers allowance or an employment and support allowance ”; and

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

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

• (3) In regulation 2 (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) (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 (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 (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 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— 1. an income-related allowance under Part 1 of the Welfare Reform Act; and 2. in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;

• (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 are amended as follows.

• (2) In regulation 2 (disqualification period)—

• (a) in paragraph (1) —

• (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) 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 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) (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) (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 ”.

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

58

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

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

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

• (3) In regulation 4 (flat rate)—

• (a) in paragraph (1) —

• (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) 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) (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 (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 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 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 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 (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 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 (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 (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 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 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 are amended as follows.

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

• (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) after “personal capability assessment” insert “ or the limited capability for work assessment ”.

• (4) In regulation 5 (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— 1. a declaration made by the claimant in writing, on a form approved for the purpose by the Secretary of State; or 2. where the claimant has made a claim for employment and support allowance in accordance with regulation 4G of the Social Security (Claims and Payments) Regulations 1987, an oral declaration by the claimant, 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 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 )—

• (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 (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 (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 (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 ”.

Signed

Signed by the authority of the Secretary of State for Work and Pensions.

Stephen.C.Timms — Minister of State, — 2008-06-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2007 c. 5.

[^f00002]: See section 173(5) of the Social Security Administration Act 1992. The requirement to refer Regulations to the Social Security Advisory Committee does not apply where Regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made.

[^f00003]: S.I. 1987/1967.

[^f00004]: Definition was inserted by S.I. 1996/206.

[^f00005]: 1995 c. 18.

[^f00006]: Definition was inserted by S.I. 1993/315.

[^f00007]: Definition inserted by S.I. 1988/1445.

[^f00008]: S.I. 2008/794.

[^f00009]: Definition was inserted by S.I. 2000/636.

[^f00010]: Definition was inserted by S.I. 1990/547 and amended by S.I. 1990/1776 and 1993/315.

[^f00011]: Paragraph (5) was inserted by S.I. 2001/488 and amended by S.I. 2007/3183.

[^f00012]: Paragraph (2) was amended by S.I.2001/3070 and 2006/718.

[^f00013]: Paragraph (2) was amended by S.I. 1988/663 and 1445, 1995/482 and 1996/206.

[^f00014]: Paragraph (4) was amended by S.I. 1988/663 and 1445, 1995/482, 1996/206.

[^f00015]: Paragraph (5) was inserted by S.I. 2000/636.

[^f00016]: Sub-paragraph (a) was substituted by S.I. 1998/563.

[^f00017]: Paragraph (2) was amended by S.I. 1988/1445 and 2022 and S.I. 2008/698.

[^f00018]: Regulation 73 was inserted by S.I. 1988/663 and amended by S.I. 1988/1445, 1995/482, 1996/206 and 2001/3767.

[^f00019]: Regulation 75 was inserted by S.I. 1988/663 and amended by S.I. 1988/1445, 1995/482 and 1996/206.

[^f00020]: Sub-paragraph (3) was amended by S.I.1995/2927 and 2006/2378.

[^f00021]: Paragraph 1A was inserted by S.I. 1997/2305 and amended by S.I. 2007/3183.

[^f00022]: Sub-paragraph (1B) was inserted by S.I. 1997/2305 and amended by S.I. 2002/3019.

[^f00023]: Sub-paragraph (1B) was inserted by S.I. 1997/2305 and amended by S.I. 2002/3019.

[^f00024]: Paragraph 19A was inserted by S.I. 2001/488 and amended by S.I. 2001/3767 and 2002/398.

[^f00025]: Paragraph 4 was substituted by S.I. 1989/534 and sub-paragraph (7) was substituted by S.I. 1989/1678 and amended by S.I. 1991/387 and 2002/3019.

[^f00026]: Paragraph 7(b) was amended by S.I. 1998/563.

[^f00027]: Paragraph 13 was substituted by S.I. 2004/565.

[^f00028]: Paragraph 7 was amended by S.I. 1991/2742, 1996/206, 2001/2333, 2002/2380, 2003/455 and 2005/574.

[^f00029]: S.I. 1996/207.

[^f00030]: Definition was amended by S.I. 1996/1517 and 1997/454.

[^f00031]: Paragraphs 1 and 2 were amended by S.I. 1996/1517, 1997/563, 1999/3087, 2000/3336, 2004/1869, 2006/1402 and 2008/698.

[^f00032]: Paragraph 1 was amended by S.I. 1996/1517, 1997/563, 1998/1274, 1999/3087, 2000/3336, 2004/1869 and 2006/1402.

[^f00033]: Paragraph 1 was amended by S.I. 2000/1978 and 2003/511.

[^f00034]: Paragraph 2 was amended by S.I. 1996/2538, 1997/454 and 2863, 2000/724, 2001/1029, 2002/2314, and 2003/511.

[^f00035]: Paragraph 2 substituted by S.I. 1996/1517.

[^f00036]: Paragraph 1 was amended by S.I. 1996/1517, 1999/2860 and 2000/1978.

[^f00037]: Regulation was inserted by S.I. 2004/1869.

[^f00038]: Paragraph 1 was amended by S.I. 2000/1978 and 2001/652.

[^f00039]: Paragraph 2 was amended by S.I. 2000/1978.

[^f00040]: Paragraph 2 was amended by S.I. 2001/3070 and 2006/718.

[^f00041]: Paragraph 6 was amended by S.I. 1996/1516.

[^f00042]: Paragraph 5A was inserted by S.I. 1997/65.

[^f00043]: Paragraph 3 was amended by S.I. 1996/1517.

[^f00044]: Regulation was inserted by S.I. 2000/1978.

[^f00045]: Regulation was amended by S.I. 2000/1978.

[^f00046]: Regulation was amended by S.I. 1996/1516.

[^f00047]: Schedule was inserted by S.I. 2000/1978 and 2001/518.

[^f00048]: Paragraph 20H was inserted by S.I. 2000/1978 and sub-paragraph (1) was amended by S.I. 2003/455.

[^f00049]: Paragraph 1A was inserted by S.I. 1997/2305 and amended by S.I. 2007/3183.

[^f00050]: Sub-paragraph (1A) was inserted by S.I. 2000/1978.

[^f00051]: Sub-paragraph (2A) was inserted by S.I. 1997/2305.

[^f00052]: Sub-paragraph (2B) was inserted by S.I. 2000/1978.

[^f00053]: Schedule was inserted by S.I. 2000/1978.

[^f00054]: Paragraph 14(1)(a) was amended by S.I. 2004/565.

[^f00055]: Paragraph 12 was amended by S.I. 1996/2538, 2001/2333, 2002/2380, 2003/455 and 2005/574.

[^f00056]: S.I. 2002/1792.

[^f00057]: Definition was amended by S.I. 2005/2877.

[^f00058]: Definition was inserted by S.I. 2005/574.

[^f00059]: Regulation was inserted by S.I. 2002/3019.

[^f00060]: Regulation was inserted by S.I. 2002/3019.

[^f00061]: Paragraph 4 was amended by S.I. 2005/3360.

[^f00062]: Paragraph 6 was amended by S.I. 2002/3197 and 2006/588.

[^f00063]: Paragraph 2 was substituted by S.I. 2003/2274.

[^f00064]: Paragraph 2 was substituted by S.I. 2003/2274 and amended by S.I. 2002/3197

[^f00065]: Paragraph 4 was amended by S.I. 2002/3197.

[^f00066]: S.I. 1988/35.

[^f00067]: S.I. 1988/1724.

[^f00068]: Definition was substituted by S.I. 1991/2238.

[^f00069]: Regulation 1A was inserted by S.I. 1991/2448 and paragraph (1) was amended by S.I. 2002/3019, 2003/1121 and 2005/2687.

[^f00070]: S.I. 2000/729.

[^f00071]: Regulation 2 was substituted by S.I. 2003/1737.

[^f00072]: S.I. 2005/3061.

[^f00073]: S.I. 1987/1968.

[^f00074]: Definition inserted by S.I. 2003/2800.

[^f00075]: Definition was inserted by S.I. 2000/1892.

[^f00076]: Paragraph (2)(b) was amended by S.I. 1988/1725, 1996/1360, 1999/2572, 2002/3019 and 2005/1551.

[^f00077]: Sub-paragraph (h) was added by S.I. 1999/2556 and (2) was amended by S.I.2001/488.

[^f00078]: Paragraph (i) was added by S.I. 2005/1551.

[^f00079]: Paragraph (10) was inserted by S.I. 2002/3019.

[^f00080]: Regulation 4F was inserted by S.I. 2002/3019.

[^f00081]: Paragraph (1E) was inserted by S.I. 2006/832 and amended by S.I. 2007/2911.

[^f00082]: Paragraph (4) was added by S.I. 1995/2303 and amended by S.I. 1996/1460, 1999/2572 and 2002/3019.

[^f00083]: Paragraph (1) was amended by S.I. 1994/2943.

[^f00084]: S.I. 1982/894.

[^f00085]: Regulation 11 was amended by S.I. 1994/2943 and 1997/793.

[^f00086]: Paragraph (9) was added by S.I. 2007/1331.

[^f00087]: Paragraph (4) was amended by S.I. 1988/522, 1994/2943, 1996/1460 and 2002/3019.

[^f00088]: Regulation 16A was inserted by S.I. 2002/3019.

[^f00089]: Regulation 26B was inserted by S.I. 2002/3019.

[^f00090]: Paragraph (3) was added by S.I. 1995/2303 and amended by S.I. 1996/1460, and 2002/3019.

[^f00091]: Paragraph (2) was added by S.I. 2002/2660 and amended by S.I. 2005/2877.

[^f00092]: Entry was amended by S.I. 1994/2943.

[^f00093]: Paragraph 15 was added by S.I. 2005/1551.

[^f00094]: Definition was substituted by S.I. 1996/1460 and amended by S.I. 2002/3019 and 2005/777.

[^f00095]: Definition was substituted by S.I. 1996/1460 and amended by S.I. 2002/3019.

[^f00096]: Definition was amended by S.I. 1991/2284, 1996/1460 and 2002/3019.

[^f00097]: Definition was substituted by S.I. 1996/672 and amended by S.I. 1996/1460 and 3195, 2002/2441and 3019 and 2005/777.

[^f00098]: Sub-paragraph (2A) was inserted by S.I. 1992/1026 and amended by S.I. 1995/1613 and 2927,1996/1460 and2002/3019.

[^f00099]: Sub-paragraph (1) was amended by S.I. 1989/136, 1992/3147, 1996/1460, 1999/3178, 2002/398, 2003/2325 and 2005/2687.

[^f00100]: Sub-paragraph (2) was substituted by S.I. 2003/2325 and amended by S.I. 2005/2687.

[^f00101]: Paragraph 4A was inserted by S.I. 1991/2284 and sub-paragraph (6) was substituted by S.I. 1996/1460.

[^f00102]: Paragraph 7B was inserted by S.I. 1996/2344 and amended by S.I. 1999/3178.

[^f00103]: Paragraph 7C was inserted by S.I. 2006/3188.

[^f00104]: Sub-paragraph (4) was inserted by S.I. 2006/2377.

[^f00105]: Schedule 9A was inserted by S.I. 1992/1026.

[^f00106]: Definition was substituted by S.I. 1996/672 and amended by S.I. 1996/1460 and 3195, 2002/2441 and 3019 and 2005/777.

[^f00107]: Paragraph 2 was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460, 2002/3019 and 3197 and 2004/2825.

[^f00108]: Sub-paragraph (1) was substituted by S.I. 1995/1613 and amended by S.I. 1996/1460 and 1999/3178.

[^f00109]: Sub-paragraph (3) was amended by S.I. 1995/1613, 1996/1460 and 2002/3019.

[^f00110]: Paragraph 4 was amended by S.I. 1995/1613, 1996/1460, 1997/827 and 2002/3019.

[^f00111]: Paragraph 10 was amended by S.I. 1996/1460, 1997/2305 and 2002/3019

[^f00112]: Paragraph 11 was amended by S.I. 1995/1613, 1996/1460, 2002/3197 and 2004/2825.

[^f00113]: Schedule 9B was inserted by S.I. 2001/18.

[^f00114]: Sub-paragraph (1) was amended by S.I. 2002/3019.

[^f00115]: Sub-paragraph (1) was amended by S.I. 2002/3019.

[^f00116]: Paragraph (1) was amended by S.I. 2002/3019.

[^f00117]: Paragraph (1) was amended by S.I. 2002/3019.

[^f00118]: S.I. 1999/991.

[^f00119]: Definition amended by S.I. 1999/1662 and 2002/3019.

[^f00120]: Definition substituted by S.I. 2002/1703.

[^f00121]: S.I. 2008/794

[^f00122]: Definition was inserted by S.I. 2005/2677.

[^f00123]: Definition inserted by S.I. 2000/3185.

[^f00124]: Sub-paragraph (c) was inserted by S.I. 1999/1623 and amended by S.I. 2007/2470.

[^f00125]: Sub-paragraph (d) was inserted by S.I. 2007/2470.

[^f00126]: Paragraph (5ZB) was inserted by S.I.2007/2582.

[^f00127]: Paragraph (5B) was inserted by S.I. 2007/2470.

[^f00128]: Paragraph (7ZA) was inserted by S.I. 2005/337.

[^f00129]: Paragraph 9 was substituted by S.I. 1999/2677 and amended by S.I. 1999/2570, 2003/1050 and 2005/337.

[^f00130]: Paragraph (2) was amended by S.I. 1999/1623, 1999/2570 and 1999/2677, 2000/1596, 2001/1711 and 2000/1982, 2002/428, 2002/490, 2000/897 and 2002/3019, 2003/1050, 2003/1886 and 2003/2274, 2004/959, 2005/337 and 2005/2677.

[^f00131]: Paragraph (6) was amended by S.I. 1999/2677 and 2005/337.

[^f00132]: Paragraph (1) was substituted by S.I. 1999/3178 and sub-paragraph (a) was substituted by S.I. 2002/3019 and amended by S.I. 2003/1050.

[^f00133]: Paragraph (2) was amended by S.I. 1999/3178, 2000/1596, 2002/3019, 2003/1050, 2005/337, 2006/832 and 2006/2377 and 2007/2470.

[^f00134]: Sub-paragraph (bc) was inserted by S.I. 2006/2377. Sub-paragraph (bd) was inserted by S.I. 2007/2470 and omitted by S.I. 2008/1042.

[^f00135]: Paragraph (3) was amended by S.I. 2002/3019.

[^f00136]: Paragraph (7) was substituted by S.I. 2006/832.

[^f00137]: Paragraph (3)(a) was amended by S.I. 2002/3019.

[^f00138]: Paragraph (17C) was inserted by S.I. 2002/3197 and substituted by S.I. 2004/647.

[^f00139]: Paragraph (23) was substituted by S.I. 2002/3197 and amended by S.I. 2004/647.

[^f00140]: Paragraph (34) was inserted by S.I. 2005/337.

[^f00141]: Regulation 7A was inserted by S.I. 1999/1623 and amended by 2000/1596

[^f00142]: Regulation 7B was inserted by S.I. 2000/3185.

[^f00143]: Regulation 13 was amended by S.I. 2002/3019.

[^f00144]: Regulation 14A was inserted by S.I. 2002/1379.

[^f00145]: Regulation 19 was amended by S.I. 1999/2570 and 2007/1626.

[^f00146]: Schedule 3B was inserted by S.I. 2002/3019.

[^f00147]: 1992 c. 4. Paragraph (2) was amended by Social Security (Incapacity for Work) Act 1994 (c. 18) and the relevant amending Instruments are S.I. 2002/2034 and 2006/1031.

[^f00148]: S.I. 1982/894. Paragraph (2B) was inserted by S.I. 2007/825.

[^f00149]: S.I. 1986/1960. Regulation 25A was inserted by S.I. 1990/622 and amended by S.I. 1995/829 and 2002/2690.

[^f00150]: Section 44A was inserted by section 30(3) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^f00151]: S.I. 1975/556.

[^f00152]: Definition inserted by S.I. 1996/2367 and amended by S.I. 2000/1483.

[^f00153]: Definition inserted by S.I. 1996/2367.

[^f00154]: Definition was substituted by S.I. 1996/2367 and amended by S.I. 2007/1749.

[^f00155]: Definition was substituted by S.I. 1996/2367.

[^f00156]: Definition was amended by S.I. 1988/1545.

[^f00157]: Paragraph 1 was substituted by S.I. 1996/2367 and amended by S.I. 2000/1483.

[^f00158]: Paragraph 1 was substituted by S.I. 1989/1627 and amended by S.I. 1991/387, 1995/829 and 1996/2367.

[^f00159]: Regulation 8A was inserted by S.I. 1996/2367 and paragraph 2 was amended by S.I. 2002/490.

[^f00160]: Regulation 8B was inserted by S.I. 1996/2367 and amended by S.I. 2003/521, 2007/1749.

[^f00161]: Regulation 8C was inserted by S.I. 2000/1483.

[^f00162]: S.I. 2001/769.

[^f00163]: Regulation 5 was amended by S.I. 2002/2366.

[^f00164]: Paragraph (3)(a) was modified by S.I. 1996/207 and paragraph 2(2) of Schedule 3 to the Act was amended by the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00165]: Regulation 5A was inserted by S.I. 2007/1154.

[^f00166]: 1997 c. 27.

[^f00167]: Section 29 was amended by the Social Security Act 1998 (c.14).

[^f00168]: Schedule 2 was amended by the Tax Credits Act 1999 (c. 10).

[^f00169]: S.I. 1979/597.

[^f00170]: Definition was inserted by S.I. 1996/1345.

[^f00171]: Definition was amended by S.I. 2005/1551.

[^f00172]: Paragraph (1) was substituted by S.I. 1992/3194 and amended by S.I. 1996/1345.

[^f00173]: Paragraph (1) was amended by S.I. 1980/1927, 1982/1173, 1983/186, 1991/387, 1992/3194,1996/1345 and by virtue of the Employment Act 1998 (c. 38).

[^f00174]: Regulation 16 was amended by S.I. 1996/1345.

[^f00175]: Regulation 17 was amended by S.I. 1996/1345

[^f00176]: Schedule 1 was amended by S.I. 1983/186, 1984/1303, 1995/829, 1996/1345, 2000/1483 and 2005/2877.

[^f00177]: S.I. 1988/664.

[^f00178]: Definition was amended by S.I. 1988/1725, 1989/136, 1995/829, 1996/1345 and 2002/3019.

[^f00179]: Definition was substituted by S.I. 1999/2571.

[^f00180]: Regulation 2 was amended by S.I. 1991/2742, 1993/650, 1996/30, 1999/3178 and 2005/337.

[^f00181]: Paragraph (3) was amended by S.I. 1996/650.

[^f00182]: Regulation 5 was amended by S.I. 1996/1345, 1999/2571 and 1999/3178, 2000/3120, 2002/3019, 2005/1551 and 2006/516.

[^f00183]: Paragraph (1) was amended by S.I. 1993/650, 1996/1345 and 2002/3019.

[^f00184]: Paragraph (1)was amended by S.I. 1991/387 and 1999/2571, 2742 and 3178, 2000/1483, 2005/337 and 3476 and by virtue of the Employment Act 1988.

[^f00185]: Paragraph (2) was amended by S.I. 1996/1345, 1999/3178 and 2002/3019.

[^f00186]: Paragraph (1) was amended by S.I. 1996/1345, 1999/2571 and 2002/3019.

[^f00187]: Regulation 14 was amended by S.I. 1996/1345 and 1996/2519, 1999/2571 and 2002/3019.

[^f00188]: Sub-paragraph (2)(d) was amended by S.I. 1996/2519 and 2002/3019.

[^f00189]: Paragraph (4A) was inserted by S.I. 1996/2519 and amended by S.I. 2002/3019.

[^f00190]: Paragraph (6) was amended by S.I. 1996/1345 and 2002/3019.

[^f00191]: Paragraph (8) was amended by S.I. 2000/2336 and 2002/3019.

[^f00192]: Regulation 17 was amended by S.I. 1996/1345, 1999/2571, 2002/3019, 2003/492 and 2005/2877.

[^f00193]: S.I. 1990/545.

[^f00194]: S.I. 1992/2182.

[^f00195]: Definition was amended by S.I. 1996/2344 and 2002/3019.

[^f00196]: Definition inserted by S.I. 1996/563.

[^f00197]: Definition inserted by S.I. 1996/563.

[^f00198]: Definition was amended by S.I. 2002/1397.

[^f00199]: Definition substituted by S.I. 1999/3178.

[^f00200]: Regulation was amended by S.I. 1996/2344, 2002/3019.

[^f00201]: Regulation was inserted in relation to England and Wales by S.I. 2004/2889.

[^f00202]: Regulation was substituted by S.I. 1999/3178 and amended by S.I. 2002/3019 and 2004/2889.