LegalizeThe Employment and Support Allowance Regulations 2008
- (2) Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory shared parental pay is to be entitled to a contributory allowance in respect of any day that falls within the shared parental pay period.
- (3) Where by virtue of paragraph (2) a person is entitled to a contributory allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory shared parental pay to which that claimant is entitled in accordance with Part 12ZC of the Contributions and Benefits Act for the same week (or equivalent part of a week where entitlement to a contributory allowance is for part of a week) and only the balance, if any, of the contributory allowance is to be payable to that claimant.
- (4) In this regulation “statutory shared parental pay period” means the weeks in respect of which statutory shared parental pay is payable to a person under section 171ZY(2) of the Social Security Contributions and Benefits Act 1992.
New housing costsHousing costs
3A
If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—
- (a) on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act 2014; or
- (b) the only reason the partner is not entitled to a state pension under Part 1 of the Pensions Act 2014 is because the partner does not have the minimum number of qualifying years.
Treatment of student loans and postgraduate ... loans
Treatment of special support loans
139A
A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to be disregarded as income.
Disregard of contribution
Further disregard of student's income
Income treated as capital
Disregard of changes occurring during summer vacation
68
Any bereavement support payment under section 30 of the Pensions Act 2014 except any such payment which is disregarded as capital under paragraph 11(1)(d) or 60 of Schedule 9.
60
- (1) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.
- (2) Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
- (a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and
- (b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,
but only for a period of 52 weeks from the date of receipt of the payment.
61
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
29A
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
62
Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).
Other housing costs Housing costs
69
Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.
70
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
63
Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
71
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
64
Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
2
72
Any Scottish child payment assistance given in accordance with the section 79 of the Social Security (Scotland) Act 2018.
73
Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.
65
Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
66
Any winter heating assistance given in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.
1
The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages)—
| (1) | (1) | (1) | (2) | (2) |
|---|---|---|---|---|
| Person or Couple | Person or Couple | Person or Couple | Amount | Amount |
| (1)Single claimant— | (1)Single claimant— | (1)Single claimant— | (1) | (1) |
| (a) | who satisfies the conditions set out in section 2(2) or 4(4) of the Act or who is a member of the work-related activity group; | who satisfies the conditions set out in section 2(2) or 4(4) of the Act or who is a member of the work-related activity group; | (a) | £92.05; |
| (b) | aged not less than 25; | aged not less than 25; | (b) | £92.05; |
| (c) | aged less than 25. | aged less than 25. | (c) | £72.90; |
| (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2)Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2) | (2) |
| (a) | who satisfies the conditions set out in section 4(4) of the Act or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act; | who satisfies the conditions set out in section 4(4) of the Act or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act; | (a) | £92.05; |
| (b) | aged not less than 18; | aged not less than 18; | (b) | £92.05; |
| (c) | aged less than 18. | aged less than 18. | (c) | £72.90; |
| (3)Couple— | (3)Couple— | (3)Couple— | (3) | |
| (a) | where both members are aged not less than 18; | where both members are aged not less than 18; | (a) | £144.65; |
| (b) | where one member is aged not less than 18 and the other member is a person under 18 who— | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £144.65; |
| (i) | (i) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (ii) | (ii) | if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or | ||
| (iii) | (iii) | satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (iv) | (iv) | is the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (c) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and— | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and— | (c) | £144.65; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (d) | where both members are aged less than 18 and— | where both members are aged less than 18 and— | (d) | £110.15; |
| (i) | (i) | at least one of them is treated as responsible for a child; or | ||
| (ii) | (ii) | had they not been members of a couple, each would have qualified for an income-related allowance; or | ||
| (iii) | (iii) | had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or | ||
| (iv) | (iv) | the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or | ||
| (v) | (v) | there is in force in respect of the claimant’s partner a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (e) | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who— | (e) | ££92.05; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (f) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and the claimant’s partner is a person under 18 who— | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and the claimant’s partner is a person under 18 who— | (f) | £92.05; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (g) | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and paragraph (c) does not apply; | where the claimant satisfies the conditions set out in section 4(4) of the Act or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act and both members are aged less than 18 and paragraph (c) does not apply; | (g) | £92.05; |
| (h) | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who— | (h) | £72.90; |
| (i) | (i) | would not qualify for an income-related allowance if the person were not a member of a couple; | ||
| (ii) | (ii) | would not qualify for income support if the person were not a member of a couple; | ||
| (iii) | (iii) | does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and | ||
| (iv) | (iv) | is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship); | ||
| (i) | where both members are aged less than 18 and paragraph (d) does not apply. | where both members are aged less than 18 and paragraph (d) does not apply. | (i) | £72.90. |
74
Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.
11A
Any payment of a widowed parent’s allowance made pursuant to section 39A of the Contributions and Benefits Act (widowed parent’s allowance)—
- (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
- (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,
but only for a period of 52 weeks from the date of receipt of the payment.
75
Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.
Treatment of loans for specific purposes
Effect of statutory neonatal care pay on a contributory allowance
82B
- (1) This regulation applies where—
- (a) a claimant is entitled to statutory neonatal care pay and, on the day immediately preceding the first day in the neonatal care pay period—
- (i) is in a period of limited capability for work; and
- (ii) satisfies the conditions for a contributory allowance in accordance with section 1(2)(a) of the Act; and
- (b) on any day during the statutory neonatal care pay period—
- (i) the claimant is in a period of limited capability for work; and
- (ii) that day is not a day where that claimant is treated as not having limited capability for work.
- (2) Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory neonatal care pay is to be entitled to a contributory allowance in respect of any day that falls within the neonatal care pay period.
- (3) Where by virtue of paragraph (2) a person is entitled to a contributory allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory neonatal care pay to which that claimant is entitled in accordance with Part 12ZE of the Social Security Contributions and Benefits Act 1992 for the same week (or equivalent part of a week where entitlement to a contributory allowance is for part of a week) and only the balance, if any, of the contributory allowance is to be payable to that claimant.
- (4) In this regulation “neonatal care period” means the weeks in respect of which statutory neonatal care pay is payable to a person under section 171ZZ16 of the Social Security Contributions and Benefits Act 1992.
Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from that country or territory
155A
A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain if—
- (a) the claimant was present in a country or territory outside Great Britain immediately before His Majesty’s Government—
- (i) provided public information to advise British nationals to leave that country or territory, or
- (ii) arranged the evacuation of British nationals from that country or territory;
- (b) any of regulations 152 to 155 applied to the person when the public information was issued or the evacuation began;
- (c) the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; and
- (d) the claimant did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.
76
Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
77
Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
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