C1C9C7C8C10C11Part 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))

C7

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

Miscellaneous

I1I6C117C1Income and capital: general

1

In relation to a claim for an employment and support allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

2

A person's income in respect of a week shall be calculated in accordance with prescribed rules, which may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

3

Circumstances may be prescribed in which—

a

a person is to be treated as possessing capital or income which he does not possess;

b

capital or income which a person does possess is to be disregarded;

c

income is to be treated as capital;

d

capital is to be treated as income.

4

Regulations may provide that a person's capital shall be deemed for the purposes of this Part to yield him an income at a prescribed rate.

18C1Disqualification

I2I71

Regulations may provide for a person to be disqualified for receiving an employment and support allowance, or treated for such purposes as the regulations may provide as not having limited capability for work, if—

a

he has become someone who has limited capability for work through his own misconduct,

b

he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or

c

he fails without good cause to observe any prescribed rules of behaviour.

I2I72

Regulations under subsection (1) shall provide for any such disqualification, or treatment, to be for such period not exceeding 6 weeks as may be determined in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14).

I83

Regulations may prescribe for the purposes of subsection (1)—

a

matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;

b

circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.

I2I74

Except where regulations otherwise provide, a person shall be disqualified for receiving F6a contributory allowanceF6an employment and support allowance for any period during which he is—

a

absent from Great Britain, or

C3C2C13C12b

undergoing imprisonment or detention in legal custody.

I9C119C1Pilot schemes

1

Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding F136 months.

2

Subject to subsection (3), subsection (1) applies to—

a

regulations which are made under any provision of this Part, other than sections 3, 8 and 9;

b

regulations which are made under the Administration Act, so far as they relate to an employment and support allowance.

3

Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will or will be likely to—

a

encourage persons to obtain or remain in work, or

b

make it more likely that persons will obtain or remain in work or be able to do so.

4

Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

5

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas;

b

one or more specified classes of person;

c

persons selected—

i

by reference to prescribed criteria, or

ii

on a sampling basis.

6

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

7

A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

20C1Relationship with statutory payments

I101

A person is not entitled to an employment and support allowance in respect of a day if, for the purposes of statutory sick pay, that day—

a

is a day of incapacity for work in relation to a contract of service, and

b

falls within a period of entitlement (whether or not it is a qualifying day).

I3I11C42

Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to F7a contributory allowanceF7an employment and support allowance in respect of a day that falls within the maternity pay period.

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Regulations may provide that—

a

an amount equal to a woman's statutory maternity pay for a period shall be deducted from F8a contributory allowanceF8an employment and support allowance in respect of the same period,

b

a woman shall only be entitled to F8a contributory allowanceF8an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a woman shall be entitled to F8a contributory allowanceF8an employment and support allowance at a weekly rate equal to it.

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Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to F9a contributory allowanceF9an employment and support allowance in respect of a day that falls within the adoption pay period.

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Regulations may provide that—

a

an amount equal to a person's statutory adoption pay for a period shall be deducted from F10a contributory allowanceF10an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F10a contributory allowanceF10an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a person shall be entitled to F10a contributory allowanceF10an employment and support allowance at a weekly rate equal to it.

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Except as regulations may provide, a person who is entitled to F2statutory shared parental pay is not entitled to F11a contributory allowanceF11an employment and support allowance in respect of F3a day that falls within a period in respect of which statutory shared parental pay is payable.

I3I117

Regulations may provide that—

a

an amount equal to a person's F4statutory shared parental pay for a period shall be deducted from F12a contributory allowanceF12an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F12a contributory allowanceF12an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a person shall be entitled to F12a contributory allowanceF12an employment and support allowance at a weekly rate equal to it.

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In this section—

  • F5...

  • “the adoption pay period” has the meaning given in section 171ZN(2) of that Act;

  • “the maternity pay period” has the meaning given in section 165(1) of that Act.

I12C121C1Deemed entitlement for other purposes

Regulations may provide for a person who would be entitled to an employment and support allowance but for the operation of any provision of, or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security decisions and appeals) to be treated as if entitled to the allowance for the purposes of any rights or obligations (whether his own or another's) which depend on his entitlement, other than the right to payment of it.

I4I13C122C1Supplementary provisions

Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.

F1323C1Recovery of sums in respect of maintenance

I5I141

Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-related allowance has been made to that person's spouse or civil partner.

I152

The reference in subsection (1) to a recovery order is to an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.

I5I143

Regulations under subsection (1) may include—

a

provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;

b

provision as to the enforcement of orders under the regulations;

c

provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.

I154

In this section, “the court” means—

a

in relation to England and Wales, a magistrates' court;

b

in relation to Scotland, the sheriff.