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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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

I1I31

In this Part—

  • F2“child” means a person under the age of 16;

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

  • F5“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);

  • F5“income-related allowance” has the meaning given by section 1(7);

  • F5“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;

  • F2“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;

  • F2“work” has such meaning as may be prescribed;

  • F2“work-focused interview requirement” has the meaning given by section 11B;

  • F2“work preparation requirement” has the meaning given by section 11C;

  • F3“work-related activity” has the meaning given by section 13(7).

  • F3“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;

    F2“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—

I4a

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

I2I3b

ending with such day as may be prescribed.

I2I33

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

F1F43A

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.

F43B

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.

I44

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.