C1C14C12C13C15C16C21C22C22C24C25C26C27Part 1Employment and support allowance
Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(2)(a), Sch. 1
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and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Pt. 1 applied (with modifications (as amended)) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(a), Sch. 2; (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)
Pt. 1 modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2
Pt. 1 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(f), Sch.
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)
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)
Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))
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.
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
I30C11C1Employment and support allowance
1
An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.
2
Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and F60either—
a
b
the conditions set out in Part 2 of that Schedule (conditions relating to financial position).
3
The basic conditions are that the claimant—
a
has limited capability for work,
F23aa
has accepted a claimant commitment,
b
is at least 16 years old,
c
has not reached pensionable age,
d
is in Great Britain, F45and
e
is not entitled to income support, and
f
is not entitled to a jobseeker's allowance F63(and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).
F103A
After the coming into force of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in F64Part 1 of Schedule 1 (youth).
4
For the purposes of this Part, a person has limited capability for work if—
a
his capability for work is limited by his physical or mental condition, and
b
the limitation is such that it is not reasonable to require him to work.
5
An employment and support allowance is payable in respect of a week.
6
In subsection (3)—
F65“joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of section 1(2B) of the Jobseekers Act 1995 (c. 18);“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
F12F666A
In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.
F667
In this Part—
“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a)F11(and see section 1B(2));“income-related allowance” means an employment and support allowance entitlement to which is based on subsection (2)(b).
1AF5Duration of F67contributory allowance
1
The period for which a person is entitled to F49a contributory allowanceF49an employment and support allowance by virtue of the first and second conditions set out in F68Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in F68Part 1 of Schedule 1) to the same two tax years.
2
In subsection (1) the “relevant maximum number of days” is—
a
365 days, or
b
if the Secretary of State by order specifies a greater number of days, that number of days.
3
The fact that a person's entitlement to F50a contributory allowanceF50an employment and support allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—
a
he satisfies the first and second conditions set out in F69Part 1 of Schedule 1, and
b
the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.
4
The period for which a person is entitled to F50a contributory allowanceF50an employment and support allowance by virtue of the third condition set out in F69Part 1 of Schedule 1 (youth) shall not exceed—
a
365 days, or
b
if the Secretary of State by order specifies a greater number of days, that number of days.
5
In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F50a contributory allowanceF50an employment and support allowance, the following are not to be counted—
a
days in which the person is a member of the support group,
b
days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
c
days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
6
In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to F50a contributory allowanceF50an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).
1BF9Further entitlement after time-limiting
1
Where a person's entitlement to F51a contributory allowanceF51an employment and support allowance has ceased as a result of section 1A
(1) or (4) but—
a
the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
b
the person satisfies the basic conditions, and
c
the person has (or is treated as having) limited capability for work-related activity,
the claimant is entitled to an employment and support allowance by virtue of this section.
F702
An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.
2C1Amount of F71contributory allowance
1
F46In the case of a contributory allowance, the amount payableF46The amount payable by way of an employment and support allowance in respect of a claimant shall be calculated by—
I322
The conditions of entitlement to the support component are—
b
that the claimant has limited capability for work-related activity, and
c
that such other conditions as may be prescribed are satisfied.
3
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Regulations may—
5
For the purposes of this Part, a person has limited capability for work-related activity if—
a
his capability for work-related activity is limited by his physical or mental condition, and
b
the limitation is such that it is not reasonable to require him to undertake such activity.
3C1Deductions from F72contributory allowance: supplementary
1
This section applies to payments of the following kinds which are payable to the claimant—
I33a
pension payments,
I33b
PPF periodic payments, and
2
Regulations may—
I33a
disapply section 2(1)(c), so far as relating to pension payments or PPF periodic payments, in relation to persons of a prescribed description;
I4I34b
provide for pension payments or PPF periodic payments of a prescribed description to be treated for the purposes of that provision as not being payments to which this section applies;
I33c
provide for sums of a prescribed description to be treated for the purposes of this section as payable to persons as pension payments or PPF periodic payments (including, in particular, sums in relation to which there is a deferred right of receipt);
I5I343
In this section—
“pension payment” means—
- a
a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme,
- b
a payment of a prescribed description made under an insurance policy providing benefits in connection with physical or mental illness or disability, and
- c
such other payments as may be prescribed;
- a
“PPF periodic payment” means—
- a
any periodic compensation payment made in relation to a person, payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 (c. 35) or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) (the pension compensation provisions), and
- b
any periodic payment made in relation to a person, payable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.).
- a
4
For the purposes of subsection (3), “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the Pension Schemes Act 1993 (c. 48), except that “personal pension scheme” includes—
a
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 (c. 1), and
b
a substituted contract within the meaning of section 622(3) of that Act,
which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004 (c. 12).
F444C1Amount of income-related allowance
I351
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—
I6I363
Regulations may provide that, in prescribed cases, the applicable amount for the purposes of subsection (1) shall be nil.
I354
The conditions of entitlement to the support component are—
C3a
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.
F405
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Regulations may—
F445C1Advance award of income-related allowance
I371
This section applies to claims for an employment and support allowance by a person who—
a
would be entitled to an income-related allowance, but for the fact that he does not satisfy the condition in paragraph 6(1)(a) of Schedule 1,
b
would satisfy that condition if he were entitled to the component mentioned in section 4(4) or (5), and
c
is not entitled to a contributory allowance.
I7I382
In relation to claims to which this section applies, section 5(1) of the Administration Act (regulations about claims for benefit) shall have effect as if—
a
in paragraph (d)
(power to permit an award on a claim for benefit for a future period to be made subject to the condition that the claimant satisfies the requirements for entitlement when the benefit becomes payable under the award), there were inserted at the end “
and to such other conditions as may be prescribed
”, and
b
in paragraph (e)
(power to provide for such an award to be revised or superseded under the Social Security Act 1998 (c. 14) if any of those requirements are found not to have been satisfied), for “any of those requirements” there were substituted “
any of the conditions to which the award is made subject
”.
I7I383
Regulations may, in relation to claims to which this section applies, make provision enabling an award to be made on terms such that the time at which benefit becomes payable under the award is later than the start of the period for which the award is made.
I39C1F446C1Amount payable where claimant entitled to both forms of allowance
1
This section applies where a claimant is entitled to both a contributory allowance and an income-related allowance.
2
If the claimant has no income, the amount payable by way of an employment and support allowance shall be the greater of—
a
his personal rate, and
b
the applicable amount.
C233
If the claimant has an income, the amount payable by way of an employment and support allowance shall be the greater of—
a
his personal rate, and
b
the amount by which the applicable amount exceeds his income.
C234
Where the amount payable to the claimant by way of an employment and support allowance does not exceed his personal rate, the allowance shall be treated as attributable to the claimant's entitlement to a contributory allowance.
C235
Where the amount payable to the claimant by way of an employment and support allowance exceeds his personal rate, the allowance shall be taken to consist of two elements, namely—
a
an amount equal to his personal rate, and
b
an amount equal to the excess.
C236
The element mentioned in subsection (5)(a) shall be treated as attributable to the claimant's entitlement to a contributory allowance.
C237
The element mentioned in subsection (5)(b) shall be treated as attributable to the claimant's entitlement to an income-related allowance.
8
In this section—
“applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);“personal rate” means the amount calculated in accordance with section 2(1).
I40C17C1Exclusion of payments below prescribed minimum
Except in such circumstances as regulations may provide, an employment and support allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
Assessments relating to entitlement
8C1Limited capability for work
I8I411
For the purposes of this Part, whether a person's capability for work is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to work shall be determined in accordance with regulations.
I8I412
Regulations under subsection (1) shall—
a
provide for determination on the basis of an assessment of the person concerned;
b
define the assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;
c
make provision as to the manner of carrying out the assessment.
I8I413
Regulations under subsection (1) may, in particular, make provision—
a
as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
b
as to the manner in which that information or evidence is to be provided;
c
for a person in relation to whom it falls to be determined whether he has limited capability for work to be called to attend for such medical examination as the regulations may require.
4
Regulations under subsection (1) may include provision—
I8I41a
for a person to be treated as not having limited capability for work if he fails without good cause—
i
to provide information or evidence which he is required under such regulations to provide,
ii
to provide information or evidence in the manner in which he is required under such regulations to provide it, or
iii
to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
I8I41b
as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
I42c
as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
I8I415
Regulations may provide that, in prescribed circumstances, a person in relation to whom it falls to be determined whether he has limited capability for work, shall, if prescribed conditions are met, be treated as having limited capability for work until such time as—
a
it has been determined whether he has limited capability for work, or
b
he falls in accordance with regulations under this section to be treated as not having limited capability for work.
I8I416
The prescribed conditions referred to in subsection (5) may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question does not have, or is to be treated as not having, limited capability for work.
9C1Limited capability for work-related activity
I9I431
For the purposes of this Part, whether a person's capability for work-related activity is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to undertake such activity shall be determined in accordance with regulations.
I9I432
Regulations under subsection (1) shall—
a
provide for determination on the basis of an assessment of the person concerned;
b
define the assessment by reference to such matters as the regulations may provide;
c
make provision as to the manner of carrying out the assessment.
I9I433
Regulations under subsection (1) may, in particular, make provision—
a
as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
b
as to the manner in which that information or evidence is to be provided;
c
for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require.
4
Regulations under subsection (1) may include provision—
I9I43a
for a person to be treated as not having limited capability for work-related activity if he fails without good cause—
i
to provide information or evidence which he is required under such regulations to provide,
ii
to provide information or evidence in the manner in which he is required under such regulations to provide it, or
iii
to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
I9I43b
as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
I44c
as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
I45C110C1Report
The Secretary of State shall lay before Parliament an independent report on the operation of the assessments under sections 8 and 9 annually for the first five years after those sections come into force.
F22Conditionality
F22Work-related requirements
Ss. 11-11K substituted for ss. 11-16 (25.2.2013 for specified purposes, 29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(2), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 12; S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F2211C1F22Work-focused health-related assessmentsF22Work-related requirements
I1I27C41
Regulations may make provision for or in connection with imposing on a person who is—
a
entitled to an employment and support allowance, and
b
not a member of the support group,
a requirement to take part in one or more work-focused health-related assessments as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
2
Regulations under this section may, in particular, make provision—
I1I27a
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;
I1I27c
prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;
I1I27e
prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;
I1I27f
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment—
i
fails to take part in the assessment, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
I1I27g
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
I46h
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
I1I273
For the purposes of subsection (2)(f), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
I1I274
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
I1I275
Regulations under this section shall include provision for a requirement to take part in one or more work-focused health-related assessments to cease to have effect if the person subject to the requirement becomes a member of the support group.
6
Regulations under this section may include provision—
I1I27a
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
I46b
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
I46c
that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.
7
In this section, “work-focused health-related assessment” means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing—
I46a
the extent to which a person still has capability for work,
I46b
the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and
I468
In subsection (7), “health care professional” means—
a
a registered medical practitioner,
b
a registered nurse,
c
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or
d
a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.
F221
The following provisions of this Part provide for the Secretary of State to impose work-related requirements with which persons entitled to an employment and support allowance must comply for the purposes of this Part.
2
In this Part “work-related requirement” means—
a
a work-focused interview requirement (see section 11B);
b
a work preparation requirement (see section 11C).
3
The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—
a
persons subject to no work-related requirements (see section 11D);
b
persons subject to work-focused interview requirement only (see section 11E);
c
persons subject to work-focused interview and work preparation requirements (see section 11F).
11AF22Claimant commitment
1
A claimant commitment is a record of the responsibilities of a person entitled to an employment and support allowance in relation to the award of the allowance.
2
A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
3
A claimant commitment is to be in such form as the Secretary of State thinks fit.
4
A claimant commitment is to include—
a
a record of the requirements that the person must comply with under this Part (or such of them as the Secretary of State considers it appropriate to include),
b
any prescribed information, and
c
any other information the Secretary of State considers it appropriate to include.
5
For the purposes of this Part a person accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
11BF22Work-focused interview requirement
1
In this Part a “work-focused interview requirement” is a requirement that a person participate in one or more work-focused interviews as specified by the Secretary of State.
2
A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
3
The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the person will obtain paid work (or more paid work or better-paid work).
4
The Secretary of State may specify how, when and where a work-focused interview is to take place.
11CF22Work preparation requirement
1
In this Part a “work preparation requirement” is a requirement that a person take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the person will obtain paid work (or more paid work or better-paid work).
2
The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.
3
Action which may be specified under subsection (1) includes in particular—
a
attending a skills assessment;
b
improving personal presentation;
c
participating in training;
d
participating in an employment programme;
e
undertaking work experience or a work placement;
f
developing a business plan;
g
any action prescribed for the purpose in subsection (1).
4
The action which may be specified under subsection (1) includes taking part in a work-focused health-related assessment.
5
In subsection (4) “work-focused health-related assessment” means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing—
a
the extent to which the person's capability for work may be improved by taking steps in relation to their physical or mental condition, and
b
such other matters relating to their physical or mental condition and the likelihood of their obtaining or remaining in work or being able to do so as may be prescribed.
6
In subsection (5) “health care professional” means—
a
a registered medical practitioner,
b
a registered nurse,
c
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or
d
a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as may be prescribed.
11DF22Persons subject to no work-related requirements
1
The Secretary of State may not impose any work-related requirement on a person falling within this section.
2
A person falls within this section if—
a
the person has limited capability for work and work-related activity,
b
the person has regular and substantial caring responsibilities for a severely disabled person,
c
the person is a single person responsible for a child under the age of 1,
d
the person is of a prescribed description.
3
Where a person falls within this section, any work-related requirement previously applying to the person ceases to have effect.
4
In this section—
“regular and substantial caring responsibilities” has such meaning as may be prescribed;
“severely disabled“ has such meaning as may be prescribed.
11EF22Persons subject to work-focused interview requirement only
1
A person falls within this section if—
a
the person is a single person responsible for a child who is aged at least 1 and is under a prescribed age (which may not be less than 3), or
b
the person is of a prescribed description.
2
The Secretary of State may, subject to this Part, impose a work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
3
The Secretary of State may not impose a work preparation requirement on a person falling within this section (and, where a person falls within this section, a work preparation requirement previously applying to the person ceases to have effect).
11FF22Persons subject to work preparation and work-focused interview requirement
1
A person who does not fall within section 11D or 11E falls within this section.
2
The Secretary of State may, subject to this Part, impose a work preparation requirement or work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
11GF22Connected requirements
1
The Secretary of State may require a person entitled to an employment and support allowance to participate in an interview for any purpose relating to—
a
the imposition of a work-related requirement on the person;
b
verifying the person's compliance with a work-related requirement;
c
assisting the person to comply with a work-related requirement.
2
The Secretary of State may specify how, when and where such an interview is to take place.
3
The Secretary of State may, for the purpose of verifying a person's compliance with a work-related requirement, require the person to—
a
provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;
b
confirm compliance in a manner so specified.
4
The Secretary of State may require a person to report to the Secretary of State any specified changes in their circumstances which are relevant to—
a
the imposition of work-related requirements on the person;
b
the person's compliance with a work-related requirement.
11HF22Imposition of requirements
1
Regulations may make provision—
a
where the Secretary of State may impose a requirement under this Part, as to when the requirement must or must not be imposed;
b
where the Secretary of State may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;
c
where the Secretary of State may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.
2
Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 11C(1), the Secretary of State must have regard to such matters as may be prescribed.
3
Where the Secretary of State may impose a requirement under this Part, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.
4
Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.
5
Regulations must make provision to secure that, in prescribed circumstances, where a person has recently been a victim of domestic violence—
a
a requirement imposed on that person under this Part ceases to have effect for a period of 13 weeks, and
b
the Secretary of State may not impose any other requirement on that person during that period.
6
For the purposes of subsection (5)—
a
“domestic violence“ has such meaning as may be prescribed;
b
“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
c
a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.
11IF22Compliance with requirements
Regulations may make provision as to circumstances in which a person is to be treated as having—
a
complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or
b
taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.
11JF22Sanctions
1
The amount of an award of an employment and support allowance is to be reduced in accordance with this section in the event of a failure by a person which is sanctionable under this section.
2
It is a failure sanctionable under this section if a person—
a
fails for no good reason to comply with a work-related requirement;
b
fails for no good reason to comply with a requirement under section 11G.
3
Regulations are to specify—
a
the amount of a reduction under this section, and
b
the period for which such a reduction has effect.
4
Regulations under subsection (3)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a
a period continuing until the person meets a compliance condition specified by the Secretary of State,
b
a fixed period not exceeding 26 weeks which is—
i
specified in the regulations, or
ii
determined in any case by the Secretary of State, or
c
a combination of both.
5
In subsection (4)(a) “compliance condition” means—
a
a condition that the failure ceases, or
b
a condition relating to future compliance with a work-related requirement or a requirement under section 11G.
6
A compliance condition specified under subsection (4)(a) may be—
a
revoked or varied by the Secretary of State;
b
notified to the person in such manner as the Secretary of State may determine.
7
A period fixed under subsection (4)(b) may in particular depend on either or both the following—
a
the number of failures by the person sanctionable under this section;
b
the period between such failures.
8
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
c
for the termination or suspension of a reduction under this section.
11KF22Delegation and contracting out
1
The functions of the Secretary of State under sections 11 to 11I may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).
2
An authorisation given by virtue of this section may authorise the exercise of a function—
a
wholly or to a limited extent;
b
generally or in particular cases or areas;
c
unconditionally or subject to conditions.
3
An authorisation under this section—
a
may specify its duration;
b
may be varied or revoked at any time by the Secretary of State;
c
does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.
4
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
5
Subsection (4) does not apply—
a
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
6
Where—
a
the authorisation of an authorised person is revoked, and
b
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
C11F2212C1Work-focused interviews
I2I28C51
Regulations may make provision for or in connection with imposing on a person who is—
a
entitled to an employment and support allowance, and
b
not a member of the support group, F4or a lone parent of a child under the age of one
a requirement to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
2
Regulations under this section may, in particular, make provision—
I2I28a
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused interviews;
I2I28c
prescribing the work-focused interviews in which a person who is subject to such a requirement is required to take part;
I2I28d
for determining, in relation to work-focused interviews under the regulations, when and how the interview is to be conducted and, if it is to be conducted face to face, where it is to take place;
I2I28e
for notifying persons who are required under the regulations to take part in a work-focused interview of what is determined in respect of the matters mentioned in paragraph (d);
I2I28f
prescribing circumstances in which a person who is a party to a work-focused interview under the regulations is to be regarded as having, or not having, taken part in it;
I2I28g
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused interview—
i
fails to take part in the interview, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
I2I28h
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
I47i
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
I2I283
For the purposes of subsection (2)(g), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
I2I284
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
I2I285
Regulations under this section shall include provision for a requirement to take part in one or more work-focused interviews to cease to have effect if the person subject to the requirement becomes a member of the support group.
I2I286
Regulations under this section may include provision—
a
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused interview that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
b
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
c
that in such circumstances as the regulations may prescribe matters mentioned in subsection (2)(d) may be redetermined.
I2I287
In this section, “work-focused interview” means an interview by the Secretary of State conducted for such purposes connected with getting the person interviewed into work, or keeping him in work, as may be prescribed.
F2213C1Work-related activity
I741
Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under section 12(1) a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount payable to him in respect of an employment and support allowance apart from the regulations.
I742
Regulations under this section may, in particular, make provision—
a
prescribing circumstances in which such a person is subject to a requirement to undertake work-related activity in accordance with regulations;
b
for notifying such a person of any such requirement;
c
prescribing the time or times at which a person who is subject to such a requirement is required to undertake work-related activity and the amount of work-related activity he is required at any time to undertake;
d
prescribing circumstances in which a person who is subject to such a requirement is, or is not, to be regarded as undertaking work-related activity;
e
for securing that the appropriate consequence follows if a person who is subject to such a requirement—
i
fails to comply with the regulations, and
ii
does not, within a prescribed period, show that he had good cause for that failure;
f
prescribing the evidence which a person who is subject to such a requirement needs to provide in order to show that he has complied with the regulations;
g
prescribing matters which are, or are not, to be taken into account in determining whether a person has complied with the regulations;
h
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
i
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
I743
For the purposes of subsection (2)(e), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is to be reduced in accordance with regulations.
I744
Regulations under subsection (3) may, in particular, make provision for determining—
a
the amount by which an allowance is to be reduced,
b
when the reduction is to start, and
c
how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
I745
Regulations under this section shall include provision for a requirement to undertake work-related activity in accordance with regulations to cease to have effect if the person subject to the requirement becomes a member of the support group.
I746
Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.
I717
In this Part, “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.
F208
The reference to activity in subsection (7) includes work experience or a work placement.
F2214C1Action plans in connection with work-focused interviews
I10I481
The Secretary of State shall in prescribed circumstances provide a person subject to a requirement imposed under section 12(1) with a document prepared for such purposes as may be prescribed (in this section referred to as an action plan).
2
Regulations may make provision about—
I49c
the review and updating of action plans.
3
Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.
4
Regulations may make provision for reconsideration of an action plan at the request of the person to whom the plan is provided and may, in particular, make provision about—
a
the circumstances in which reconsideration may be requested;
b
the period within which any reconsideration must take place;
c
the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;
d
notification of the decision on reconsideration;
e
the giving of directions for the purpose of giving effect to the decision on reconsideration.
I75F2215C1Directions about work-related activity
F21
In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 13(1) provide that the activity specified in the direction is—
a
to be the only activity which, in the person’s case, is to be regarded as being work-related activity; or
b
to be regarded, in the person’s case, as not being work-related activity.
1A
But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person’s case, is to be regarded as being work-related activity.
2
A direction under subsection (1) given to any person—
a
must be reasonable, having regard to the person’s circumstances;
b
must be given to the person by being included in an action plan provided to the person under section 14; and
c
may be varied or revoked by a subsequent direction under subsection (1).
3
Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.
F13F2215APersons dependent on drugs etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2216C1Contracting out
I291
The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
a
conducting interviews under section 12;
b
providing documents under section 14;
c
giving, varying or revoking directions under section 15.
F14d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
I11I50a
any function under regulations under any of sections 11 to 15 F15..., except the making of a decision to which subsection (3) applies (an “excluded decision”);
I29b
the function under section 9(1) of the Social Security Act 1998 (c. 14)
(revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;
I29c
the function under section 10(1) of that Act (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Secretary of State that relate to any matter arising under such regulations;
I29d
any function under Chapter 2 of Part 1 of that Act (social security decisions), except section 25(2) and (3)
(decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).
I293
This subsection applies to the following decisions—
a
a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13 F16...;
b
a decision about whether a person had good cause for failure to comply with such a requirement;
c
a decision about reduction of an employment and support allowance in consequence of failure to comply with such a requirement.
I11I504
Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—
a
either wholly or to such extent as the regulations may provide,
b
either generally or in such cases or areas as the regulations may provide, and
c
either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
I295
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2), may authorise the exercise of the function concerned—
a
either wholly or to such extent as may be specified in the authorisation,
b
either generally or in such cases or areas as may be so specified, and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
I296
In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.
I297
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—
a
may specify its duration,
b
may be revoked at any time by the Secretary of State, and
c
shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
I298
Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.
I299
Subsection (8) shall not apply—
a
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).
I2910
Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Secretary of State under section 8 of the Social Security Act 1998 (c. 14).
I2911
Where—
a
a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and
b
the authorisation is revoked at a time when a relevant contract is subsisting,
the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
I2912
In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.
I2913
In this section, references to functions of the Secretary of State under—
a
an enactment contained in, or in regulations under, this Part, or
b
an enactment contained in Chapter 2 of Part 1 of the Social Security Act 1998,
include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).
F2416AF19Hardship payments
1
Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—
a
the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and
b
the person is or will be in hardship.
2
Regulations under this section may in particular make provision as to—
a
circumstances in which a person is to be treated as being or not being in hardship;
b
matters to be taken into account in determining whether a person is or will be in hardship;
c
requirements or conditions to be met by a person in order to receive hardship payments;
d
the amount or rate of hardship payments;
e
the period for which hardship payments may be made.
Miscellaneous
I12I51C117C1Income 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
I13I521
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.
I13I522
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).
I533
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.
I13I524
Except where regulations otherwise provide, a person shall be disqualified for receiving F53a contributory allowanceF53an employment and support allowance for any period during which he is—
a
absent from Great Britain, or
I54C119C1Pilot 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
I551
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).
I14I56C82
I14I563
Regulations may provide that—
a
b
I14I56C94
I14I565
Regulations may provide that—
a
b
I14I56C106
I14I567
Regulations may provide that—
a
b
I558
In this section—
F33...
“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.
I57C121C1Deemed 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.
I15I58C122C1Supplementary provisions
Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.
F7323C1Recovery of sums in respect of maintenance
I16I591
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.
I602
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.
I16I593
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.
I604
In this section, “the court” means—
a
in relation to England and Wales, a magistrates' court;
b
in relation to Scotland, the sheriff.
General
24C1Interpretation of Part 1
I17I611
In this Part—
F25“child” means a person under the age of 16;
“claimant” means a person who has claimed an employment and support allowance;
F74“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—
- a
the provisions of this Act,
- b
section 1 of the Administration Act (entitlement dependent on making of claim), and
- c
section 27 of the Social Security Act 1998 (c. 14) (restrictions on entitlement in certain cases of error);
- a
F74“income-related allowance” has the meaning given by section 1(7);F74“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;
F25“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;
F25“work” has such meaning as may be prescribed;
F25“work-focused interview requirement” has the meaning given by section 11B;
F25“work preparation requirement” has the meaning given by section 11C;
F26“work-related activity” has the meaning given by section 13(7).F26“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;
F25“work-related requirement” has the meaning given by section 11;
C202
For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—
I62a
beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and
I18I613
Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.
F3F273A
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.
F273B
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.
I624
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.
25C1Regulations F7and orders
I19I631
Any power under this Part to make regulations F6or an order shall be exercisable by statutory instrument.
I19I632
Any such power may be exercised—
a
in relation to all cases to which it extends,
I25b
in relation to those cases subject to specified exceptions, or
c
in relation to any specified cases or classes of case.
I19I633
Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—
a
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
b
the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;
c
any such provision either unconditionally or subject to any specified condition.
I19I634
Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
I19I635
Any such power includes power—
a
to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;
b
to provide for a person to exercise a discretion in dealing with any matter.
I646
I647
The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.
26C1Parliamentary control
I651
None of the following regulations shall be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—
a
regulations under section 2(2)(c) or (3)(c) F75or 4(4)(c) or (5)(c);
F21aa
the first regulations under section 11D(2)(d) or 11J,
F29b
the first regulations under section 13;
c
regulations which by virtue of section 19(1) are to have effect for a limited period.
F18d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20I662
A statutory instrument that—
a
contains regulations made under this Part, and
b
is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F83
A statutory instrument containing an order under section 1A shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I67C127C1Financial provisions relating to Part 1
1
2
There shall be paid out of money provided by Parliament—
F76a
so much of any sums payable by way of employment and support allowance as is attributable to entitlement to an income-related allowance, and
b
any administrative expenses of the Secretary of State or the Commissioners for Her Majesty's Revenue and Customs in carrying this Part into effect.
3
F774
The Secretary of State shall pay into the Consolidated Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments made by way of income-related allowance.
28C1Consequential amendments relating to Part 1
I21I24I701
Schedule 3 (which makes amendments consequential on this Part) has effect.
I22I682
Regulations may make provision consequential on this Part amending, repealing or revoking any provision of—
a
an Act passed on or before the last day of the Session in which this Act is passed, or
b
an instrument made under an Act before the passing of this Act.
I693
In subsection (2), “Act” includes an Act of the Scottish Parliament.
I23I26I72I7329Transition relating to Part 1
Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.
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))