C1C4C2C3C5C6C7C8C8C9C10C11C12Part 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and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C8

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)

C9

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)

C11

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.

C12

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.

Entitlement

1AF1Duration of F4contributory allowance

1

The period for which a person is entitled to F2a contributory allowanceF2an employment and support allowance by virtue of the first and second conditions set out in F5Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in F5Part 1 of Schedule 1) to the same two tax years.

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 F3a contributory allowanceF3an employment and support allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—

a

he satisfies the first and second conditions set out in F6Part 1 of Schedule 1, and

b

the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.

4

The period for which a person is entitled to F3a contributory allowanceF3an employment and support allowance by virtue of the third condition set out in F6Part 1 of Schedule 1 (youth) shall not exceed—

a

365 days, or

b

if the Secretary of State by order specifies a greater number of days, that number of days.

5

In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F3a contributory allowanceF3an employment and support allowance, the following are not to be counted—

a

days in which the person is a member of the support group,

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), and

c

days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).

6

In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F3a contributory allowanceF3an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).