The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008
Made
16th July 2008
Laid before Parliament
18th July 2008
Coming into force
27th October 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 28(2) of the Welfare Reform Act 2007(1).
This Instrument contains only Regulations made consequential upon Part 1 of the Welfare Reform Act 2007 and is made before the end of the period of 6 months beginning with the coming into force of that Part(2).
These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 and come into force on 27th October 2008.
(2)
These Regulations extend to England and Wales and Scotland except as provided below.
(3)
Where an enactment that is amended by these Regulations has a more limited extent than that referred to in paragraph (2), the amendment has the same extent as the enactment to which it refers.
In regulation 12(11)(b)(i) of the National Minimum Wage Regulations 1999(4) (workers who do not qualify for the national minimum wage) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 1997(5) (remission of charges for school meals) after sub-paragraph (c) add—
“or
(d)
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
5-
Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999(6) (milk, meals and refreshment) after “income support” insert “, an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007)”.
In regulation 9(c) of the Special Guardianship Regulations 2005(8) (cessation of financial support) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.
Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999(9) (special provision to be included in charges schemes) after sub-paragraph (d) insert—
(e)
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(11) are amended as follows.
(2)
In regulation 2(1) (interpretation) after the definition of “income-based jobseeker’s allowance” insert—
““income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);” .
(3)
In regulation 3(3)(a)(12) (entitlement to benefit) after sub-paragraph (iii) insert—
“or
(iv)
an income-related employment and support allowance;”.
(4)
In Schedule 2(13) (application for benefit) in paragraph 4(1)(a)—
(a)
after sub-paragraph (ii) omit “or”;
(b)
at the end of sub-paragraph (iii) for “and” substitute—
“or
(iv)
an income-related employment and support allowance; and”.
