The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010

(27) (1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)— (a) is entitled to a converted employment and support allowance; or (b) is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and— (i) is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations; and (ii) is not in receipt of an income-related employment and support allowance, unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil. (2) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following— (a) the reduction of the transitional addition to nil in accordance with paragraph 31; (b) the termination of the claimant’s award of council tax benefit; (c) the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be; (d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support; (e) 5th April 2020. (28) (1) This paragraph applies where— (a) the claimant’s entitlement to a transitional addition, ends by virtue of the termination of the claimant’s award of council tax benefit, under— (i) paragraph 27(2)(b); (ii) sub-paragraph (3)(b) of this paragraph; or (iii) paragraph 29(3)(b); (b) within 104 weeks of that termination but before 5th April 2020 the claimant again becomes entitled to council tax benefit; (c) in the benefit week in which the claimant again becomes entitled to council tax benefit the relevant person is entitled to an employment and support allowance which is not income-related; (d) if the period between the events mentioned in paragraphs (a) and (b) is more than 12 weeks, the intervening period is one to which regulation 145(2) (linking period where claimant is a work or training beneficiary) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (e) at the date on which the claimant again becomes entitled to council tax benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support. (2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to council tax benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil. (3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following— (a) the reduction of the transitional addition to nil in accordance with paragraph 31; (b) the termination of the claimant’s award of council tax benefit; (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c); (d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support; (e) 5th April 2020. (29) (1) This paragraph applies where— (a) the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under— (i) paragraph 27(2)(c); (ii) paragraph 28(3)(c); or (iii) sub-paragraph (3)(c) of this paragraph; (b) before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related; (c) either— (i) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related regulation 145(1) of the Employment and Support Allowance Regulation applies to the relevant person; or (ii) the period between the events mentioned in paragraphs (a) and (b) is one to which regulation 145(2) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support. (2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for council tax benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil. (3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following— (a) the reduction of the transitional addition to nil in accordance with paragraph 31; (b) the termination of the claimant’s award of council tax benefit; (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b); (d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support; (e) 5th April 2020. (30) (1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B. (2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person— (a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and (b) Amount B is the basic amount that applied on that day as a result of that decision. (3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations— (a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and (b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated. (4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant’s case in accordance with regulation 12(a) to (e) or regulation 13(a) to (f). (31) (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D. (2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil. (3) Amount C is the basic amount that applies as a result of the increase. (4) Amount D is the basic amount that applied immediately before the increase.

PART 3 — AMENDMENT OF THE HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001

3

• (1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[^f00098] are amended as follows.

• (2) In regulation 7(2) (decisions superseding earlier decisions)—

• (a) in sub-paragraph (i) after “sub-paragraph (o)” insert “, (p) or (q)”;

• (b) after sub-paragraph (o) add—

(p) where— (i) the claimant has been awarded entitlement to housing benefit or council tax benefit; (ii) the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010; and (iii) subsequent to the first day of the period to which that entitlement to housing benefit or council tax benefit relates, the Secretary of State makes a decision to supersede the award of employment and support allowance to award a different component; (q) where the claimant has been awarded entitlement to housing benefit or council tax benefit and subsequent to the first day of the period to which that entitlement relates— (i) a conversion decision of the kind set out in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 takes effect in respect of the claimant or the claimant’s partner; or (ii) the claimant is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008 as modified by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010.

• (3) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

• (a) in paragraph (14D)—

• (i) after “regulation 7(2)(o)” insert “or (p)”; and

• (ii) in sub-paragraph (a) after “regulation 7(2)(o)(iii)” insert “or (p)(iii)”; and

• (b) after paragraph (14D) insert—

(14E) Where a decision is superseded in accordance with regulation 7(2)(q) the decision shall take effect— (a) where the decision made in accordance with the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 takes effect on or after 1st April in any year but before 16th April of that year— (i) from 1st April for a council tax benefit award; (ii) from 1st April for a housing benefit award in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 80(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 61(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations; (iii) from the first Monday in April for a housing benefit award to which sub-paragraph (a)(ii) does not apply; (b) in any other case, from the day the decision made in accordance with the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 takes effect.

Signed

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

Jonathan Shaw — Parliamentary Under Secretary of State, — Department for Work and Pensions — 18th March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make transitional provision in relation to the introduction of employment and support allowance and apply to persons entitled to any existing award (which is defined in Schedule 4 to the Welfare Reform Act 2007 in terms of incapacity benefit, severe disablement allowance and income support on grounds of disability). The Regulations set out the process for determining whether existing awards are to be converted into awards of an employment and support allowance. An award may be converted only if certain conditions are satisfied in relation to the person entitled to the award.

The Regulations also make related amendments to the Housing Benefit Regulations 2006, Council Tax Benefit Regulations 2006 and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (“the Decisions and Appeals Regulations”).

Part 2 of, and Schedule 1 to, the Regulations set out the process for determining whether or not a person’s existing award is to be converted into an award of an employment and support allowance. The conversion process operates on an individual basis and, in each case, begins when the Secretary of State sends a notice under regulation 4 to a particular person. Where the person is entitled to more than one existing award the notice and conversion process apply to both awards. Regulation 5 requires the Secretary of State to determine whether or not the existing award (or awards) qualify for conversion and to notify the person accordingly. There is also provision for notification to be given in the event that an existing award ceases to be subject to conversion. Regulation 6 and Schedule 1 establish the statutory machinery to facilitate this determination, by cross-applying certain enactments that already have effect in relation to persons who make a claim for an employment and support allowance. Schedule 1 modifies these enactments to take account of the differences that arise because a person is already entitled to an existing award and is not required to make a claim. There is also provision to enable the Secretary of State to obtain information in order to make conversion decisions and to provide for conversion decisions to be revised before they come into effect.

Under regulation 7, a person’s existing award (or awards) qualify for conversion if the person satisfies the basic conditions for entitlement to an employment and support allowance, except for the condition that they are not entitled to income support. One of these basic conditions is that the person has limited capability for work. This will be determined on an individual basis, in accordance with the arrangements for work capability assessments set out in the Employment and Support Allowance Regulations 2008 (“the 2008 Regulations”) (as modified by Schedule 1 to these Regulations).

If an existing award (or awards) do qualify for conversion, the Secretary of State must determine in accordance with regulations 9 to 12 the amount to which the person is entitled. In broad terms, this is the aggregate of (a) the amount to which the person would have been entitled on a successful claim for an employment and support allowance, and (b) an additional amount, referred to in the Regulations as a “transitional addition”. The transitional addition is based on the difference between specified elements of the person’s existing award and specified elements of the employment and support allowance into which it is to be converted.

The date on which the Secretary of State’s decision about conversion comes into effect is provided for in regulation 13, and regulations 14 and 15 set out the consequences that follow from the decision. Where the decision is that a person’s award (or awards) do qualify for conversion, regulation 14 converts them into a single award of employment and support allowance. Where the decision is that a person’s existing award (or awards) do not qualify, regulation 15 provides that the award (or awards) terminate immediately before the effective date of the conversion decision.

Part 3 of, and Schedules 2 and 3 to, the Regulations set out the framework which has effect in relation to any person with effect from the effective date of their conversion decision under Part 2 of the Regulations. In relation to any matter to be determined in connection with a person’s entitlement to an employment and support allowance (including a decision not to convert an award), regulation 16 and Schedules 2 and 3 cross-apply the enactments that already have effect in relation to an employment and support allowance made on a claim. This includes provision for revision, supersession and appeals in connection with conversion decisions which have come into effect. There are modifications of these enactments in Schedule 2. Regulation 17 makes provision about where the Secretary of State is notified of any change of circumstances occurring before the effective date of a conversion decision. Regulations 18 to 20 set out the circumstances in which the amount is to be reduced. Regulation 21 provides for termination when the amount is reduced to nil, when the person ceases to be entitled to an employment and support allowance or 5th April 2020 (whichever occurs first).

Part 4 of the Regulations contains miscellaneous provisions, including provision in regulation 24 which revokes the saving in regulation 2(2)(a), (b) and (c) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008. This saving enables a person previously entitled to incapacity benefit, severe disablement allowance or income support on grounds of disability to make a repeat (linked) claim for that benefit in certain circumstances, rather than having to make a new claim for employment and support allowance. The revocation of this saving comes into force on 31st January 2011.

Regulation 25 revokes regulation 31 of the 2008 Regulations which provides that a claimant who claims a jobseeker’s allowance and is able to show a reasonable prospect of obtaining employment is throughout that claim to be treated as not having limited capability to work. Regulation 25 also amends regulation 144 of the 2008 Regulations so that a person does not have to serve a period of waiting days in relation to a new claim for employment and support allowance if that person would have benefited from the saving revoked by regulation 24 if they had made a claim before 31st January 2011.

Schedule 4 provides for consequential amendments to two pieces of secondary legislation.

Schedule 5 provides for amendments to legislation relating to housing benefit and council tax benefit which complement the conversion process. Parts 1 and 2 make amendments to the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006 respectively, providing for a transitional addition to a claimant’s applicable amount where the claimant or the claimant’s partner has had an award of benefit converted to an employment and support allowance in accordance with these Regulations or is appealing a decision not to convert an award to an employment and support allowance. Part 3 of Schedule 5 amends the Decisions and Appeals Regulations to make provision for the supersession of awards of housing benefit or council tax benefit to take account of conversion decisions.

A full impact assessment of the effect that this instrument will have on the public sector is available from the Department for Work and Pensions, Level 1, Caxton House, Tothill Street, London SW1H 9NA and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.

Footnotes

[^f00001]: 1992 c. 4. Section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1). Section 137(1) is an interpretation provision and is cited for the definition of “prescribed”. Section 175(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 3, paragraph 29.

[^f00002]: 1998 c. 14. Section 79(4) is applied to the provisions of the Child Support, Pensions and Social Security Act 2000 (c. 19) by Schedule 7, paragraph 20(3) of that Act.

[^f00003]: 2000 c. 19. Paragraph 23(1) is an interpretation provision and is cited for the definition of “prescribed”.

[^f00004]: 2007 c. 5. Section 24 is cited because of the meaning it gives to “prescribed” and “regulations”.

[^f00005]: 1992 c. 5.

[^f00006]: S.I. 2008/794.

[^f00007]: “Incapacity benefit” and “severe disablement allowance” are defined in paragraph 11 of Schedule 4 to the Welfare Reform Act 2007.

[^f00008]: 1978 c. 30.

[^f00009]: Awards of income support which are “existing awards” (being awards made to persons who are incapable of work or disabled) are specified in paragraph (c) of the definition of “existing award” in paragraph 11 of Schedule 4 to the Welfare Reform Act 2007.

[^f00010]: 1995 c. 26. Paragraph 1 of Schedule 4 was amended by paragraph 39 of Schedule 2 to the State Pension Credit Act 2002 (c. 16), paragraph 13 of Schedule 3 to the Welfare Reform Act 2007 and paragraph 4(2) to (6) of Schedule 3 to the Pensions Act 2007 (c. 22).

[^f00011]: S.I.1987/1968. Relevant amending instruments are S.I. 1988/522, 1992/1026, 2001/18, 2002/2441, 2002/3019 and 2002/3197.

[^f00012]: S.I. 1990/545. These Regulations lapsed on the repeal of the enabling authority, as from 1st April 1993, except in relation to any community charge in respect of a day falling before that date or in relation to any financial year beginning before that date.

[^f00013]: S.I. 1992/2182.

[^f00014]: S.I. 1993/494.

[^f00015]: The “Administration Act” is defined in section 65 of the Welfare Reform Act 2007.

[^f00016]: 2000 c. 7. The definition of “electronic communication” in section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00017]: “Existing award” is defined in paragraph 11 of Schedule 4 to the Welfare Reform Act 2007.

[^f00018]: S.I. 2009/609.

[^f00019]: S.I. 1987/1968. Regulation 32(1) and (1A) were substituted by S.I. 2003/1050.

[^f00020]: 1998 c. 14.

[^f00021]: S.I. 1999/991.

[^f00022]: 1992 c. 4. “Contributions and Benefits Act” is defined in section 65 of the Welfare Reform Act 2007. Section 30B was inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) and is to be repealed by paragraph 9(5) of Schedule 3 to the Welfare Reform Act 2007.

[^f00023]: Sections 40 and 41 were substituted by paragraphs 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. They are to be repealed by Schedule 8 to the Welfare Reform Act 2007.

[^f00024]: S.I. 1995/310.

[^f00025]: S.I. 2000/2958 (C. 89).

[^f00026]: S.I. 1987/1967. Regulation 17 was amended by S.I. 1988/910 and 1445, 1989/1678, 1991/387, 1992/3147, 1996/206, 2003/455 and 1121, 2005/2687 and 2006/588. Regulation 18 was amended by S.I. 1988/1228 and 1445, 1989/1034, 1992/3147, 1996/206, 2001/3767, 2003/455 and 1121 and 2006/588.

[^f00027]: Regulations 17(1)(b) and (c) and 18(1)(c) and (d) of, and paragraphs 2, 3 and 6(1)(c) of Schedule 2 to, the Income Support (General) Regulations 1987 (“the 1987 Regulations”) (amounts for child or young person, family premium and disabled child premium) were revoked by S.I. 2003/455. Paragraph 13A(b) and (2)(a) of the 1987 Regulations (which provide for enhanced disability premium) were also amended by S.I. 2003/455 so as to exclude children or young persons from the list of persons to whom such premiums may relate. The revocations and amendments are subject to savings in accordance with regulations 1 and 7 of S.I. 2003/455, as amended by regulation 2(2) of S.I. 2005/2294.

[^f00028]: S.I. 2003/455.

[^f00029]: S.I. 1975/556. Regulation 8B was inserted by SI 1996/2367 and amended by S.I. 2008/1554.

[^f00030]: 1998 c. 14.

[^f00031]: 1997 c. 27.

[^f00032]: The reference to regulation 67(2)(a) of the 2008 Regulations is to that regulation as modified by paragraph 12(b) of Schedule 2 to these Regulations.

[^f00033]: S.I. 2003/938.

[^f00034]: Section 86A was inserted by section 2(5) of the Social Security (Incapacity for Work) Act 1994.

[^f00035]: S.I. 1979/597.

[^f00036]: Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 and is to be repealed by paragraph 9(5) of the Welfare Reform Act 2007. Section 40 was substituted, and section 41 inserted, by paragraphs 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 and are to be repealed by Schedule 8 to the Welfare Reform Act 2007.

[^f00037]: S.I. 2000/2958 (C. 89).

[^f00038]: S.I. 1987/1967. Relevant amending instruments are S.I. 1996/206, 2000/1981 and 2006/718. The enactments referred to in regulation 22(c) are revoked, subject to savings, by S.I. 2009/3152 with effect from 30th December 2009.

[^f00039]: S.I. 1987/1969.

[^f00040]: S.I. 1995/310.

[^f00041]: S.I. 2008/795.

[^f00042]: Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by S.I. 2006/343.

[^f00043]: S.I. 1994/2946.

[^f00044]: S.I. 2000/2958.

[^f00045]: S.I. 1987/1968. Regulation 32(1) and (1A) were inserted by S.I. 2003/1050.

[^f00046]: 1998 c. 14. Paragraphs 8A to 8D of Schedule 3 were inserted by paragraph 12 of Schedule 1 to the State Pension Credit Act 2002 (c. 16).

[^f00047]: 1992 c. 4. Section 44B was inserted by section 9(1) of the Pensions Act 2007 (c. 22) and amended by paragraph 5 of Schedule 1 to the National Insurance Act 2008 (c. 16).

[^f00048]: S.I. 2001/1323. Regulation 5A was inserted by S.I. 2009/2206. The reference to regulation 5A(2)(ba) is to the modification made by paragraph 26 of Schedule 2 to these Regulations.

[^f00049]: S.I. 1995/311. Regulation 17(1A) was in force from 8th April 2002 to 9th April 2006. Regulation 17 was substituted by S.I. 2006/757 with effect from 10th April 2006.

[^f00050]: Regulation 147A was inserted by S.I. 2010/840, regulation 9(15).

[^f00051]: S.I. 1987/1968. Regulation 3(j) was inserted by S.I. 2008/1554. Regulation 32(1B) was inserted by S.I. 2003/1050 and amended by S.I. 2003/3209. Paragraphs 1(3) and 8(4)(a)(iv) of Schedule 9 were inserted by S.I. 2008/1554.

[^f00052]: Paragraph (j)(ii) was substituted by regulation 2 of S.I. 2010/840.

[^f00053]: Regulation 26C was inserted by S.I. 2008/1554, regulation 21.

[^f00054]: Schedule 9B was inserted by S.I. 2001/18, regulation 2. It has been amended but not in a way material to these Regulations.

[^f00055]: S.I. 1990/545. These Regulations lapsed on the repeal of the enabling authority, as from 1st April 1993, except in relation to any community charge in respect of a day falling before that date or in relation to any financial year beginning before that date.

[^f00056]: S.I. 1992/2182. S.I. 2008/1554 added an employment and support allowance to the benefits from which deductions may be made, inserted definitions of “contributory employment and support allowance”, “income related employment and support allowance” and made other relevant amendments.

[^f00057]: S.I. 1993/494. S.I. 2008/1554 added an employment and support allowance to the benefits from which deductions may be made, inserted definitions of “contributory employment and support allowance”, “income related employment and support allowance” and made other relevant amendments.

[^f00058]: S.I. 2001/1323. Regulation 5A was inserted by S.I. 2009/2206.

[^f00059]: S.I. 1974/2010.

[^f00060]: S.I. 1975/493.

[^f00061]: S.I. 1975/494.

[^f00062]: S.I. 1975/529.

[^f00063]: S.I. 1975/556.

[^f00064]: S.I. 1976/615.

[^f00065]: S.I. 1979/597.

[^f00066]: S.I. 1982/894.

[^f00067]: S.I. 1986/1960.

[^f00068]: S.I. 1987/1967.

[^f00069]: S.I. 1987/1968.

[^f00070]: S.I. 1988/35.

[^f00071]: S.I. 1988/664.

[^f00072]: S.I. 1988/1724.

[^f00073]: S.I. 1990/545.

[^f00074]: S.I. 1992/1813.

[^f00075]: S.I. 1992/1815.

[^f00076]: S.I. 1992/2182.

[^f00077]: S.I. 1993/494.

[^f00078]: S.I. 1996/207.

[^f00079]: S.I. 1996/940.

[^f00080]: S.I. 1996/2907.

[^f00081]: S.I. 1999/991.

[^f00082]: S.I. 2000/636.

[^f00083]: S.I. 2000/729.

[^f00084]: S.I. 2001/155.

[^f00085]: S.I. 2001/156.

[^f00086]: S.I. 2001/157.

[^f00087]: S.I. 2001/769.

[^f00088]: S.I. 2001/3074.

[^f00089]: S.I. 2001/4022.

[^f00090]: S.I. 2002/1792.

[^f00091]: S.I. 2003/1886.

[^f00092]: S.I. 2005/1983.

[^f00093]: S.I. 2005/3061.

[^f00094]: Paragraph 8(4)(a)(iv) of Schedule 9 was inserted by S.I. 2008/1554.

[^f00095]: S.I. 2008/795. Regulation 2(2) was amended by S.I. 2008/2783.

[^f00096]: S.I. 2006/213. Regulations 2, 21 and 22 were amended, and Parts 5 and 6 of Schedule 3 inserted, by S.I. 2008/1082 (as amended by S.I. 2008/2428). Paragraph 1A of Schedule 3 was inserted by S.I. 2009/583.

[^f00097]: S.I. 2006/215. The definitions of “contributory employment and support allowance” and “the Employment and Support Allowance Regulations” were inserted into regulation 2(1) by S.I. 2008/1082 (as amended by S.I. 2008/2428). Regulations 21 and 22 were amended, and Parts 5 and 6 of Schedule 3, inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428). Paragraph 1A of Schedule 3 was inserted by S.I. 2009/583.

[^f00098]: S.I. 2001/1002. Regulation 7(2)(i) was inserted by S.I. 2003/2275 and amended by S.I. 2008/1082 (as amended by S.I. 2008/2428). Regulations 7(2)(o) and 8(14D) were inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428).