SCHEDULES

SCHEDULE 3Consequential amendments relating to Part 1

Social Security Act 1998 (c. 14)

17

I1I2I41

The Social Security Act 1998 is amended as follows.

I32

In section 2 (use of computers), in subsection (2) (meaning of “relevant enactment”), after paragraph (i) insert

; or

“

Part 1 of the Welfare Reform Act 2007.

I1I2I43

In section 8 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant enactment, to be made by the Secretary of State)—

a

in subsection (3) (definition of “relevant benefit”), after paragraph (b) insert—

ba

an employment and support allowance;

b

in subsection (4) (definition of “relevant enactment”), for “or the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007 ”.

I2I54

In section 11 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007 ”.

I2I55

In section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7), in the definition of “benefit”—

a

after paragraph (dd) insert—

de

an employment and support allowance;

b

in paragraph (e), for “to (dd)” substitute “ to (de) ”.

I1I2I46

In section 28 (correction of errors and setting aside of decisions), in subsection (3) (definition of “relevant enactment”), at the end insert

; or

g

Part 1 of the Welfare Reform Act 2007.

I1I47

In section 31 (incapacity for work), after subsection (1) insert—

1A

Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.

I58

In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end insert

, or

iv

section 159C(1)(b) of that Act (employment and support allowance).

I59

In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end insert

; or

g

section 18 of the Welfare Reform Act 2007.