C1C4C2C3C5C6C8C9C9C10C11C12C13Part 1Employment and support allowance

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))

C2

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C3

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C9

Pt. 1 applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), reg. 2(2)

C10

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C12

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C13

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

General

24C1Interpretation of Part 1

I1I111

In this Part—

  • F8“child” means a person under the age of 16;

  • “claimant” means a person who has claimed an employment and support allowance;

  • F15“contributory allowance” has the meaning given by section 1(7);

  • “employment” and “employed” have the meanings prescribed for the purposes of this Part;

  • “entitled”, in relation to an employment and support allowance, is to be construed in accordance with—

    1. a

      the provisions of this Act,

    2. b

      section 1 of the Administration Act (entitlement dependent on making of claim), and

    3. c

      section 27 of the Social Security Act 1998 (c. 14) (restrictions on entitlement in certain cases of error);

  • F15“income-related allowance” has the meaning given by section 1(7);

  • F15“income support” means income support under section 124 of the Contributions and Benefits Act;

  • “limited capability for work” shall be construed in accordance with section 1(4);

  • “limited capability for work-related activity” shall be construed in accordance with section 2(5);

  • “period of limited capability for work” has the meaning prescribed for the purposes of this Part;

  • “prescribed” means specified in, or determined in accordance with, regulations;

  • “regulations” means regulations made by the Secretary of State;

  • F8“single person” means an individual who is not a member of a couple (within the meaning of Part 1 of the Welfare Reform Act 2012);

  • “week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

  • F8“work” has such meaning as may be prescribed;

  • F8“work-focused interview requirement” has the meaning given by section 11B;

  • F8“work preparation requirement” has the meaning given by section 11C;

  • F9“work-related activity” has the meaning given by section 13(7).

  • F9“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

    F8“work-related requirement” has the meaning given by section 11;

C72

For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—

I12a

beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and

I2I11b

ending with such day as may be prescribed.

I2I113

Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.

F1F103A

For the purposes of this Part, a person is a lone parent if the person—

a

is not a member of a couple (within the meaning given by section 137(1) of the Contributions and Benefits Act), and

b

is responsible for, and a member of the same household as, a person under the age of 16.

F103B

For the purposes of subsection (3A)(b) regulations may make provision—

a

as to circumstances in which one person is to be treated as responsible or not responsible for another;

b

as to circumstances in which persons are to be treated as being or not being members of the same household.

I124

For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.

25C1Regulations F3and orders

I3I131

Any power under this Part to make regulations F2or an order shall be exercisable by statutory instrument.

I3I132

Any such power may be exercised—

a

in relation to all cases to which it extends,

I9b

in relation to those cases subject to specified exceptions, or

c

in relation to any specified cases or classes of case.

I3I133

Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—

a

the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

b

the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;

c

any such provision either unconditionally or subject to any specified condition.

I3I134

Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.

I3I135

Any such power includes power—

a

to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;

b

to provide for a person to exercise a discretion in dealing with any matter.

I146

Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 F11to 15F11to 11JF5... may make provision which applies only in relation to an area or areas specified in the regulations.

I147

The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.

26C1Parliamentary control

I151

None of the following regulations shall be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—

a

regulations under section 2(2)(c) or (3)(c) F16or 4(4)(c) or (5)(c);

F7aa

the first regulations under section 11D(2)(d) or 11J,

F12b

the first regulations under section 13;

c

regulations which by virtue of section 19(1) are to have effect for a limited period.

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4I162

A statutory instrument that—

a

contains regulations made under this Part, and

b

is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F43

A statutory instrument containing an order under section 1A shall be subject to annulment in pursuance of a resolution of either House of Parliament.

I17C127C1Financial provisions relating to Part 1

1

There shall be paid out of the National Insurance Fund F13so much of any sums payable by way of employment and support allowance as is attributable to entitlement to a contributory allowanceF13any sums payable by way of employment and support allowance.

2

There shall be paid out of money provided by Parliament—

F17a

so much of any sums payable by way of employment and support allowance as is attributable to entitlement to an income-related allowance, and

b

any administrative expenses of the Secretary of State or the Commissioners for Her Majesty's Revenue and Customs in carrying this Part into effect.

3

The Secretary of State shall pay into the National Insurance Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments of F14contributoryF14employment and support allowance.

F184

The Secretary of State shall pay into the Consolidated Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments made by way of income-related allowance.

28C1Consequential amendments relating to Part 1

I5I8I201

Schedule 3 (which makes amendments consequential on this Part) has effect.

I6I182

Regulations may make provision consequential on this Part amending, repealing or revoking any provision of—

a

an Act passed on or before the last day of the Session in which this Act is passed, or

b

an instrument made under an Act before the passing of this Act.

I193

In subsection (2), “Act” includes an Act of the Scottish Parliament.

I7I10I21I2229Transition relating to Part 1

Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.