The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008

Made: 21st October 2008

Laid before Parliament: 23rd October 2008

Coming into force: 26th October 2008

In accordance with section 172(1) of the Social Security Administration Act 1992², reference has been made to the Social Security Advisory Committee.

Citation and commencement

1

These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008 and shall come into force on 26th October 2008.

Amendment of the Employment and Support Allowance (Transitional Provisions) Regulations 2008

2

In regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008³—

• (a) at the end of sub-paragraph (b) omit “or”;

• (b) at the end of sub-paragraph (c) add the following sub-paragraphs—

(d) a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or (e) a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.

Signed

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

Jonathan Shaw — Parliamentary Under Secretary of State, — Department for Work and Pensions — 21st October 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Employment and Support Allowance (Transitional Provisions) Regulations 2008 which relate to the introduction of employment and support allowance. The effect of the amendment is to allow a person who is entitled to incapacity benefit or severe disablement allowance, to claim income support on the grounds of disability and to allow a person who is entitled to income support on the grounds of disability, to claim incapacity benefit.

A full regulatory impact assessment has not been produced for these Regulations as no impact on the private, public or voluntary sectors is foreseen.

Footnotes