The Employment and Support Allowance (Transitional Provisions) Regulations 2008

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions in exercise of the powers conferred by section 25(2)(b) and (c) and 29 of, and paragraphs 1(1), 2 and 3(b), (c) and (d) of Schedule 4 to, the Welfare Reform Act 2007 , makes the following Regulations which are made by virtue of, or consequential on, the provisions of the Welfare Reform Act 2007 and which are made before the end of a period of 6 months beginning with the coming into force of those provisions.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) Regulations 2008.

• (2) This regulation and regulations 2, 3 and 4 shall come into force on 27th July 2008.

• (3) Regulation 5 shall come into force on 27th October 2008.

• (4) In these Regulations “income support on the grounds of disability” means income support awarded to a person to whom regulation ...13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987 (prescribed categories of person) applies.

Claim for existing award

2

• (1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.

• (2) Paragraph (1) does not apply to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (3) Paragraph (1) does not apply insofar as a claim is treated as a claim for ..., maternity allowance or carer's allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987 (claims treated as claimed in addition or in the alternative).

Claim by person entitled or potentially entitled to existing award

3

• (1) A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.

• (2) A claim for an employment and support allowance made by a person who would be entitled to an existing award if that person made a claim described in regulation 2(2), is to be treated as a claim for that award.

Claim for period before appointed day

4

Where—

• (a) for an employment and support allowance for a period beginning before the appointed day; and

• (i) before the appointed day a person purports to make a claim, or

• (ii) on or after the appointed day a person makes a claim,

• (b) it appears to the Secretary of State that the person would be entitled to incapacity benefit or income support on the grounds of disability if that person made a claim for it in accordance with section 1(1)(a) of the Administration Act ,

the purported claim or claim may be treated by the Secretary of State as a claim in the alternative for incapacity benefit or income support on the grounds of disability.

Transitional protection in relation to the Jobseekers Act 1995

5

In relation to a person who—

• (a) is entitled to an existing award; or

• (b) would be entitled to an existing award if that person made a claim described in regulation 2(2),

the Jobseekers Act 1995 shall continue to have effect as if paragraphs 12(2), (5)(b) and (6) of Schedule 3 to the Welfare Reform Act 2007 had not come into effect.

Signed

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

Stephen. C. Timms — Minister of State, — 25th March 2008

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2007 c. 5.

[^f00002]: S.I. 1987/1967; relevant amending instruments are S.I. 1996/206, 2000/1981, 2000/1922 and 2006/718.

[^f00003]: Section 30C was inserted into the Contributions and Benefits Act by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18), was amended by section 47 of, and paragraph 25 of Schedule 3 to, the Tax Credits Act 2002 (c. 21) and is repealed from a date to be appointed by section 28(1) of, and paragraph 8 to, the Welfare Reform Act 2007 (c. 5). Section 30C applies to severe disablement allowance by virtue of regulation 2(3) of the Social Security (Severe Disablement Allowance) Regulations (S.I. 1984/1303).

[^f00004]: S.I. 1995/311; regulation 13A was inserted by S.I. 1998/2231; relevant amending instruments are S.I. 1999/3109, S.I. 2006/757 and S.I. 2006/2378.

[^f00005]: S.I. 1987/1968 relevant amending instruments are S.I. 1988/522, 1990/2208, 1991/2741, 1992/2593, 1994/2943, 1996/1460, 1999/2572, 2000/1483, 2002/2497, 2005/1551.

[^f00006]: 1992 c. 5.

[^f00007]: 1995 c. 18.

Editorial notes

[^c1919136]: 2007 c. 5.

[^c1919137]: S.I. 1987/1967; relevant amending instruments are S.I. 1996/206, 2000/1981, 2000/1922 and 2006/718.

[^c1919140]: S.I. 1987/1968 relevant amending instruments are S.I. 1988/522, 1990/2208, 1991/2741, 1992/2593, 1994/2943, 1996/1460, 1999/2572, 2000/1483, 2002/2497, 2005/1551.

[^c1919141]: 1992 c. 5.

[^c1919142]: 1995 c. 18.

[^key-8dce2542ec0739649897ed81672fb2d4]: Reg. 2(2)(d) - Reg. 2(2)(e) added (26.10.2008) by Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008 (S.I. 2008/2783), regs. 1, 2(b)

[^key-3290fe53f57e0726780ea64f711bf3ac]: Words in reg. 1(4) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 42

[^key-e9bdc2dc63d7e7fa0a6f88c6fd8c3e5c]: Words in reg. 2(3) omitted (1.10.2010) by virtue of Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 4 para. 68 (with reg. 3)

[^key-a0afb8e1987f4a36de05895b98d6d802]: Reg. 2(2)(a)-(c) revoked (31.1.2011) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(3), 24 (with reg. 3)