C1C5C3C4C6C7C8C9C9C10C11C12C13Part 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))

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C4

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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

Entitlement

F64C1Amount of income-related allowance

I21

In the case of an income-related allowance, the amount payable in respect of a claimant shall be—

a

if he has no income, the applicable amount;

b

if he has an income, the amount by which the applicable amount exceeds his income.

2

Subject to subsection (3), the applicable amount for the purposes of subsection (1) shall be calculated by—

I1I3a

taking such amount, or the aggregate of such amounts, as may be prescribed, and

I2b

if in the claimant's case the conditions of entitlement to the support component F1... are satisfied, adding the amount of that component.

I1I33

Regulations may provide that, in prescribed cases, the applicable amount for the purposes of subsection (1) shall be nil.

I24

The conditions of entitlement to the support component are—

C2a

that the assessment phase has ended,

b

that the claimant has limited capability for work-related activity, and

c

that such other conditions as may be prescribed are satisfied.

F25

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

6

Regulations may—

I1I3a

prescribe circumstances in which paragraph (a) of subsection (4) F3... is not to apply;

I2b

prescribe circumstances in which entitlement under subsection (4) F4... is to be backdated;

I1I3c

make provision about the amount of the component under subsection (4)F5....