| STATUTORY INSTRUMENTS |
| The Employment and Support Allowance (Transitional Provisions) Regulations 2008 |
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Made
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25th March 2008
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Laid before Parliament
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27th March 2008
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Coming into force in accordance with regulation 1
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2008 No. 795
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The Secretary of State for Work and Pensions in exercise of the powers conferred by section 25(2)(b) and (c) and 29 of, and paragraphs 1(1), 2 and 3(b), (c) and (d) of Schedule 4 to, the Welfare Reform Act 2007(a), makes the following Regulations which are made by virtue of, or consequential on, the provisions of the Welfare Reform Act 2007 and which are made before the end of a period of 6 months beginning with the coming into force of those provisions. |
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(1) |
These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) Regulations 2008. |
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(2) |
This regulation and regulations 2, 3 and 4 shall come into force on 27th July 2008. |
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(3) |
Regulation 5 shall come into force on 27th October 2008. |
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(4) |
In these Regulations “income support on the grounds of disability” means income support awarded to a person to whom regulation 6(4)(a) or 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987(b) (prescribed categories of person) applies. |
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(1) |
A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance. |
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(2) |
Paragraph (1) does not apply to— |
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(a) |
a claim for incapacity benefit or severe disablement allowance relating to a period of incapacity for work which is one of two periods treated as one period of incapacity for work under section 30C(1)(c) of the Contributions and Benefits Act (linking rules)(c); |
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(b) |
a claim made by a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995(a) (welfare to work beneficiary); or |
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(c) |
a claim for income support on the grounds of disability where— |
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(i) |
the claimant was previously entitled to income support on the grounds of disability, for a period of 4 or more consecutive days, and |
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(ii) |
the claimant ceased to be entitled to income support on the grounds of disability not more than 8 weeks before the commencement of the period in respect of which the current claim is made. |
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(3) |
Paragraph (1) does not apply insofar as a claim is treated as a claim for severe disablement allowance, maternity allowance or carer’s allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987(b) (claims treated as claimed in addition or in the alternative). |
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(1) |
A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance. |
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(2) |
A claim for an employment and support allowance made by a person who would be entitled to an existing award if that person made a claim described in regulation 2(2), is to be treated as a claim for that award. |
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(a) |
(i) |
before the appointed day a person purports to make a claim, or |
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(ii) |
on or after the appointed day a person makes a claim, |
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for an employment and support allowance for a period beginning before the appointed day; and |
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(b) |
it appears to the Secretary of State that the person would be entitled to incapacity benefit or income support on the grounds of disability if that person made a claim for it in accordance with section 1(1)(a) of the Administration Act(c), |
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the purported claim or claim may be treated by the Secretary of State as a claim in the alternative for incapacity benefit or income support on the grounds of disability. |
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(a) |
is entitled to an existing award; or |
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(b) |
would be entitled to an existing award if that person made a claim described in regulation 2(2), |
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the Jobseekers Act 1995(d) shall continue to have effect as if paragraphs 12(2), (5)(b) and (6) of Schedule 3 to the Welfare Reform Act 2007 had not come into effect. |
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Signed by the authority of the Secretary of State for Work and Pensions. |
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25th March 2008 |
Stephen. C. Timms
Minister of State,
Department for Work and Pensions
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