The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

[^key-722908b9233f9aae77a2cb75a56a8409]: Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 12(2)(a)

[^key-4991f70f6a86f492661a91d983e82b9f]: Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 12(2)(b)

[^key-ef11c22c7b06a80f23542c65e58b5103]: Words in reg. 21(2) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 12(3)

[^key-bf024f9e790bb8049deaa1bd24bbcba4]: Reg. 21(3) - (7) substituted for reg. 21(3) - (6) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 12(4)

[^key-b66406137e9b10a71c9595ebe87293f3]: Word in reg. 22(a) inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 13

[^key-87f9436e056507c06daa7b2ca615ef2c]: Sch. 1 para. 2 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 16(2) (with reg. 15(2))

[^key-a0ef52d326603ae31d9ea071e34abe97]: Words in Sch. 1 para. 13(a) omitted (1.11.2010) by virtue of The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 16(4) (with reg. 15(2))

[^key-d01351b497d1159aa59c656d3eccb982]: Sch. 2 para. 2(a) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(2) (with reg. 15(2))

[^key-2ae1396bf2daee98e4cd41d7773654b7]: Word in Sch. 2 para. 18(a) omitted (1.11.2010) by virtue of The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(a)(i)

[^key-7238ca0970185c42beaba27257122c51]: Words in Sch. 2 para. 18(a) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(a)(ii)

[^key-8267984b83ff63631d187afac121b81a]: Word in Sch. 2 para. 18(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(b)(i)

[^key-ffd04e1cb691036d9e8bbb634bb646cb]: Word in Sch. 2 para. 18(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(9)(b)(ii)

[^key-40765c5fbd68b64caa4174b6d42b660e]: Words in Sch. 2 para. 21(b)(ii) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(10)

[^key-f930a54c897620d7a9a56ae05904877c]: Word in Sch. 2 para. 11 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(5)(a) (with reg. 15(2))

[^key-fb3b05d7fac098771be4357890702144]: Words in Sch. 2 para. 11 omitted (1.11.2010) by virtue of The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(5)(b) (with reg. 15(2))

[^key-c6225d89aded1ec9404e499738cd2ae6]: Words in Sch. 2 para. 15 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(7)

[^key-eb802c08458e2749e579fe5387d668c5]: Words in Sch. 2 para. 17 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(8)

[^key-64c54c258825df0ede18197a6acca6b5]: Sch. 4 para. 1 2: Sch. 4 para. 67 68 renumbered as Sch. 4 para. 1 2 (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 15(1)(c)

[^key-3a1907b7fb3b1d740840751df5299e80]: Word in Sch. 4 para. 2 substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 19(3)

[^key-9a3aeefea8b062e81e4a3eac6dfd56b4]: Sch. 4 para. 1A inserted (31.1.2011) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(3), 19(2)

[^key-81be65ce3567d0da12ca072cb5a89dc1]: Sch. 2 para. 27 inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(4)(b)

[^key-26dd90919f6fd4a03d996f41987f5f4a]: Words in Sch. 3 inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(5)

[^key-ad794835cb2103f6c95c9e9ac2072efb]: Words in reg. 6(1)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(2)

[^key-3ab7346597b0501cf17d77ea9579c8c3]: Words in reg. 17(f) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(3)

[^key-626284168b2bfb9d55ab2d5e4a842368]: Words in reg. 17(g) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(3)

[^key-d4150bb99dd998604795e4f9f2963d30]: Words in Sch. 2 para. 15(5)(c) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(4)(a)(i)(aa)

[^key-a0174e8e4a6e5c64a1c5c40b78e8fc5e]: Words in Sch. 2 para. 15(5) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(4)(a)(i)(bb)

[^key-8f275771fdda56a39f23ef9dafe939f5]: Words in Sch. 2 para. 15 inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(4)(a)(ii)

[^key-58815bf4d510656073e256b015de3c78]: Words in Sch. 2 para. 15 substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 27(4)(a)(iii)

[^key-8eae22387faf704c08b137d95ef80381]: Sch. 2 para. 2A inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)

[^key-fe31c3606a4dc87ab1717cd7a582c00a]: Words in reg. 7(1) substituted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(2)(a)

[^key-27ae31b33161fd8a7ddce8825e00a60c]: Reg. 7(3) added (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(2)(b)

[^key-70edfc5aef2b397c8d118e6bb38d166b]: Reg. 16(1A) inserted (1.5.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(3), 21

[^key-87966b543031b7943cd6d423fa4cd75f]: Words in reg. 21(1)(b) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(3)(a)

[^key-df821844b7790f640f683f13a44d3975]: Reg. 21(3A) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(3)(b)

[^key-dd363b32e930570093d4e0b009342b6f]: Reg. 21(5A) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(3)(c)

[^key-2bfcd97e25932b062e5bbbf21ccd4f0b]: Words in reg. 21(7) inserted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(3)(d)

[^key-7122d0f508db6040fb5ce33fa56a47b5]: Words in reg. 21(5)(a) omitted (1.5.2012) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 6(a)

[^M_F_0e8fa415-70a4-4c5e-8fcb-425474172395]: Reg. 21(5)(c) substituted (1.5.2012) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 6(b)

[^key-8e3480f1173d37d249f61e8bf2d8db8d]: Sch. 2 para. 10 substituted (30.3.2015 with application in accordance with reg. 2) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 7

[^key-59c591c39f250f13af61eec3384eb652]: Word in reg. 21(1)(a) inserted (27.2.2020) by The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2020 (S.I. 2020/102), regs. 1, 2(a)

[^key-0e8072d2e35d259072f2f4435dcb4304]: Word in reg. 21(1)(b) omitted (27.2.2020) by virtue of The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2020 (S.I. 2020/102), regs. 1, 2(b)

[^key-db8201446825c5c209536fdac205ac4d]: Reg. 21(1)(c) omitted (27.2.2020) by virtue of The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2020 (S.I. 2020/102), regs. 1, 2(c)

Termination of entitlement to the disability premium for persons incapable of work: income support

23A

• (1) Subject to paragraph (4), paragraph 12 of Schedule 2 to the Income Support (General) Regulations 1987 (additional condition for the higher pensioner and disability premiums) is amended as follows.

• (2) For paragraph 12(1)(b) substitute—

(b) the claimant— (i) is entitled to statutory sick pay, (ii) has been so entitled for a continuous period of not less than 196 days, and (iii) is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act, and for these purposes any two or more periods of entitlement separated by a break of not more than 56 days shall be treated as one continuous period; or

• (3) Paragraph 12(1A) and (5) are omitted.

• (4) Where a person—

• (a) is or becomes entitled to an award of income support, and

• (b) is a person to whom paragraph 7(a) or (b) of Schedule 1B to the Income Support (General) Regulations 1987 (persons incapable of work) applies,

paragraphs 12(1)(b), 12(1A) and 12(5) of Schedule 2 to the Income Support (General) Regulations 1987 continue to apply to that person as if paragraphs (2) and (3) of this regulation had no effect.

Revocation of transitional claims provisions

Amendment of the 2008 Regulations

Consequential amendments

Amendments to legislation relating to Housing Benefit and Council Tax Benefit

10A

In the case of a person who is entitled to an existing award of income support and who is a person to whom paragraph (1) of regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 applies, regulation 70 (special cases: supplemental – persons from abroad) is to be read as if–

• (a) the word “or” at the end of paragraph (4)(k) were omitted; and

• (b) at the end of paragraph (4)(jj) the word “or” and the following sub-paragraph were added–

(l) a person who is entitled to an existing award of income support where that person is a person to whom paragraph (1) of regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 applies

4A

Schedule 1 to the 2007 Act (employment and support allowance: additional conditions) is to be read as if, in paragraph 6, after sub-paragraph (1), there were inserted—

(1A) Paragraphs (1B) and (1C) apply where any person (“P”) is entitled by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (“the 2010 Regulations”) to an employment and support allowance which is attributable to an income-related allowance. (1B) In determining for the purposes of paragraph 6(1)(a) whether P’s income exceeds the applicable amount, the amount of any transitional addition to which P is entitled under the 2010 Regulations shall be disregarded. (1C) Where— (a) P ceases to satisfy the condition set out in sub-paragraph (1)(a); but (b) otherwise remains entitled to an amount by way of a transitional addition under the 2010 Regulations, the condition set out in sub-paragraph (1)(a) shall be treated as satisfied in P’s case and the amount of income-related allowance to which P is entitled shall be the amount of the transitional addition.

Income Tax (Earnings and Pensions) Act 2003

6A

The Income Tax (Earnings and Pensions) Act 2003 is to be read as if—

• (a) in section 660(1) (taxable benefits: UK benefits), in Table A–

• (i) in the first column, after the entry for “Contributory employment and support allowance”, there were inserted a new entry “Contributory employment and support allowance (including any transitional addition to which a person is entitled in connection with that award)”,

• (ii) in the second column, corresponding to the entry inserted by sub-paragraph (i), there were inserted “WRA 2007”,

• (iii) in the third column, corresponding to the entry inserted by sub-paragraph (i), there were inserted “Section 1(2) (as modified and applied by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (“the 2010 Regulations”))”, and

• (iv) under the text inserted in the second and third columns by sub-paragraphs (ii) and (iii), there were inserted “Any provision made for Northern Ireland which corresponds to section 1(2) of WRA 2007 (as modified and applied by any provision made for Northern Ireland which corresponds to those contained in the 2010 Regulations)”;

• (b) in section 661(1) (taxable social security income), after “contributory employment and support allowance” there were inserted “contributory employment and support allowance (including any transitional addition to which a person is entitled in connection with that award),”; and

• (c) in section 677(1) ( UK social security benefits wholly exempt from tax), in Table B–

• (i) in the first column, after the entry for “Income-related employment and support allowance”, there were inserted a new entry “Income-related employment and support allowance (including any transitional addition to which a person is entitled in connection with that award)”,

• (ii) in the second column, corresponding to the entry inserted by sub-paragraph (i), there were inserted “WRA 2007”,

• (iii) in the third column, corresponding to the entry inserted by sub-paragraph (i), there were inserted “Section 1(2) (as modified and applied by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (“the 2010 Regulations”))”, and

• (iv) under the text inserted in the second and third columns by sub-paragraphs (ii) and (iii), there were inserted “Any provision made for Northern Ireland which corresponds to section 1(2) of WRA 2007 (as modified and applied by any provision made for Northern Ireland which corresponds to those contained in the 2010 Regulations)”.

Community Charges (Deductions from Income Support) (Scotland) Regulations 1989

22A

Regulation 1 of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 (citation, commencement and interpretation) is to be read as if, after paragraph (2), there were inserted—

(2A) In the application of these Regulations to a debtor whose entitlement to an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the debtor is entitled under those Regulations. (2B) Where a debtor’s award of income support is subject to conversion under the 2010 Regulations and— (a) immediately before the effective date of the conversion decision made in relation to the debtor, any deduction is being made under these Regulations from sums payable to the debtor by way of income support; and (b) with effect from that date, the award of income support is converted into an award of an employment and support allowance under the 2010 Regulations, any deduction falling within sub-paragraph (a) shall have effect as a deduction from the employment and support allowance to which the debtor is entitled.

Social Security and Child Support (Decisions and Appeals) Regulations 1999

25A

• (1) Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions) is to be read as if—

• (a) in the case of a revision of a decision to award jobseeker’s allowance made following the reinstatement of an existing award in accordance with regulation 15(5) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (“the 2010 Regulations”), the words “within one month of the date of notification of the original decision” in paragraph (1)(a) were omitted;

• (b) in the case of a conversion decision where there has been a change of circumstances to which regulation 12(4) of the 2010 Regulations (calculation of transitional addition) applies, paragraph (9)(a) were omitted; and

• (c) in paragraph (9)(a), for “in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations” there were substituted, “in the cases of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or a conversion decision within the meaning of regulation 5(2)(a) of the 2010 Regulations”.

• (2) Regulation 6(2)(a)(i) of those Regulations (supersession of decisions) is to be read as if for “in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or regulation 146 of the Employment and Support Allowance Regulations” there were substituted “in the cases of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or regulation 146 of the Employment and Support Allowance Regulations or a conversion decision within the meaning of regulation 5(2)(a) of the 2010 Regulations”.

1A

• (1) In regulation 55(4) of the Jobseeker’s Allowance Regulations 1996 (short periods of sickness), for the words after “allowance”, where it appears for the first time, to the end of that paragraph, substitute “or 8 weeks of the person’s entitlement to statutory sick pay.”.

• (2) In regulation 55A(1) of those Regulations (periods of sickness and persons receiving treatment outside Great Britain), omit “incapacity benefit,” and “, severe disablement allowance or income support”.

• (3) In paragraph 20H of Schedule 1 to those Regulations (additional conditions for higher pensioner and disability premium) omit sub-paragraph (2).

The Employment and Support Allowance (Transitional Provisions) Regulations 2008

27

Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 (transitional arrangements and savings) is to be read as if—

• (a) in paragraph (1)–

• (i) sub-paragraphs (a), (b) and (d) were omitted, and

• (ii) for sub-paragraph (c) there were substituted—

(c) is entitled to an employment and support allowance by virtue of— (i) the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010, or (ii) regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) in the circumstances where the person has made and is pursuing an appeal against a conversion decision made under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 which embodies a determination that the person does not have limited capability for work, and immediately before the effective date of the conversion decision made in respect of that person, was entitled to a specified benefit in respect of a period which was continuous with a period of entitlement to the same or another specified benefit which included 30th April 2004;

; and

• (b) in paragraph (4), before sub-paragraph (a) there were inserted–

(za) “conversion decision” and “effective date” have the same meanings as in regulation 2(1) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010;

2A

• (1) In relation to awards of an employment and support allowance to persons previously entitled to existing awards, the application of section 1A (duration of contributory allowance) is modified in accordance with sub-paragraph (2).

• (2) Section 1A is to be read as if there were substituted—

(1A) (1) The period for which a person is entitled to a contributory allowance shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010. (2) In subsection (1) the “relevant maximum number of days” is– (a) 365 days, or (b) if the Secretary of State by order specifies a greater number of days, that number of days. (3) The fact that a person’s entitlement to a contributory allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further allowance if he satisfies the first and second conditions set out in Part 1 of Schedule 1. (4) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted– (a) days in which the person is a member of the support group, and (b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b). (5) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).