Search Legislation

Welfare Reform Act 2007

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Welfare Reform Act 2007, SCHEDULE 4 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 4:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 29

SCHEDULE 4E+W+STransition relating to Part 1

This schedule has no associated Explanatory Notes

General power to provide for transition relating to Part 1E+W+S

1(1)Regulations may make such provision as the Secretary of State considers necessary or expedient—E+W+S

(a)in connection with the coming into force of any provision of, or repeal relating to, this Part, or

(b)otherwise for the purposes of, or in connection with, the transition to employment and support allowance.

(2)The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1).

Commencement Information

I1Sch. 4 para. 1(1) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)

I2Sch. 4 para. 1(1) in force at 27.7.2008 in so far as not already in force by S.I. 2008/787, art. 2(3)(b)

I3Sch. 4 para. 1(2) in force at 27.7.2008 by S.I. 2008/787, art. 2(3)(b)

Pre-commencement claimsE+W+S

2E+W+SRegulations may—

(a)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance;

(b)make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day.

Commencement Information

I4Sch. 4 para. 2 in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)

I5Sch. 4 para. 2 in force at 27.7.2008 in so far as not already in force by S.I. 2008/787, art. 2(3)(b)

Prospective

Post-commencement claimsE+W+S

3E+W+SRegulations may—

(a)make provision excluding the making of a claim for incapacity benefit or severe disablement allowance on or after the appointed day;

(b)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made on or after the appointed day to be treated in prescribed circumstances as a claim for an employment and support allowance;

(c)make provision for a claim for an employment and support allowance to be treated wholly or partly as a claim for incapacity benefit, income support or severe disablement allowance;

(d)make provision excluding the making of a claim for an employment and support allowance by a person who is entitled to an existing award.

Prospective

Award of employment and support allowance for pre-commencement periodE+W+S

4E+W+SRegulations may—

(a)make provision for an employment and support allowance of such a kind as the regulations may provide to be awarded in prescribed circumstances for a period before the appointed day;

(b)make provision with respect to conditions of entitlement in relation to an award under sub-paragraph (a) and the amount payable by way of an allowance under such an award.

Prospective

Matching of awards of employment and support allowanceE+W+S

5(1)For the purposes of this paragraph, an award of an employment and support allowance is one that falls to be made on matching terms if—E+W+S

(a)it is made in pursuance of a claim by a person who was previously entitled to an existing award, and

(b)had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him (“the hypothetical award”) would have been made on the basis of the linking of periods of incapacity for work.

(2)Regulations may—

(a)make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the hypothetical award;

(b)make provision for the modification of matched awards for the purpose of securing that the person with the award is put in the position he would have been had he been made the hypothetical award which was then the subject of conversion under paragraph 7.

(3)In sub-paragraph (2)(b), the reference to matched awards is to awards of an employment and support allowance that have been the subject of matching in pursuance of regulations under sub-paragraph (2)(a).

6(1)For the purposes of this paragraph an award of an employment and support allowance is one which falls to be made on matching terms if—E+W+S

(a)it is made in pursuance of a claim by a person who was previously entitled to an existing award,

(b)had he continued to be entitled to that award, it would have been the subject of conversion under paragraph 7 before the date of his claim for an employment and support allowance, and

(c)had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him would have been made on the basis of the linking of periods of incapacity for work.

(2)Regulations may make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the award that would have resulted from conversion under paragraph 7 had entitlement to the existing award continued.

Treatment of existing awardsE+W+S

7(1)Regulations may—E+W+S

(a)make provision for converting existing awards into awards of an employment and support allowance, and with respect to the terms of conversion;

(b)make provision for the termination of existing awards in prescribed circumstances.

(2)Regulations under sub-paragraph (1)(a) may, in particular—

(a)make provision for conversion of an existing award—

(i)on application, in accordance with the regulations, by the person entitled to the award, or

(ii)without application;

(b)make provision about the conditions to be satisfied in relation to an application for conversion;

(c)make provision about the timing of conversion;

(d)provide for an existing award to have effect after conversion as an award of an employment and support allowance—

(i)of such a kind,

(ii)for such period,

(iii)of such an amount, and

(iv)subject to such conditions,

as the regulations may provide;

(e)make provision for determining in connection with conversion of an existing award whether a person has limited capability for work-related activity.

[F1(f)make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards.]

(3)Regulations under sub-paragraph (1)(a) may, in relation to existing awards which have been the subject of conversion under this paragraph, include provision about revision under section 9 of the Social Security Act 1998 (c. 14), or supersession under section 10 of that Act in respect of the period before conversion.

Textual Amendments

F1Sch. 4 para. 7(2)(f) inserted (20.3.2012 for specified purposes, 1.5.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 51(4), 150(3); S.I. 2012/863, art. 2(1)(b)(2)(a)

Commencement Information

I6Sch. 4 para. 7 in force at 27.7.2010 by S.I. 2010/1905, art. 2(b)

Transitional allowancesE+W+S

8(1)Regulations may—E+W+S

(a)make provision for a person's continuing entitlement to an employment and support allowance awarded by virtue of regulations under paragraph 7 (a “transitional allowance”) to be determined by reference to such provision as may be made by the regulations;

(b)make provision for the review of an award of a transitional allowance;

(c)make provision for the termination of an award of a transitional allowance;

(d)make provision for this Part, or any other enactment relating to social security, to have effect with prescribed modifications in relation to a person with a transitional allowance;

(e)make provision for the purpose of enabling a transitional allowance to be revised under section 9 of the Social Security Act 1998 (c. 14) or superseded under section 10 of that Act.

(2)In this paragraph “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Commencement Information

I7Sch. 4 para. 8 in force at 27.7.2010 by S.I. 2010/1905, art. 2(c)

Prospective

9(1)Regulations may prescribe circumstances in which a person who is entitled to a transitional allowance immediately before reaching pensionable age is to be treated as having satisfied the condition in paragraph 5(2) of Schedule 3 to the Contributions and Benefits Act (first contribution condition for entitlement to state pension).E+W+S

(2)In this paragraph, “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).

Post-commencement up-rating of incapacity benefit and severe disablement allowanceE+W+S

10E+W+SRegulations may provide for section 150 of the Administration Act (annual up-rating of benefits), so far as relating to—

(a)incapacity benefit under section 30A of the Contributions and Benefits Act, or

(b)severe disablement allowance,

to have effect with prescribed modifications in relation to tax years beginning on or after the appointed day.

Commencement Information

I8Sch. 4 para. 10 in force at 11.12.2008 by S.I. 2008/3167, art. 2(b)

InterpretationE+W+S

11E+W+SIn this Schedule—

  • appointed day” means the day appointed for the coming into force of section 1;

  • existing award” means—

    (a)

    an award of incapacity benefit,

    (b)

    an award of severe disablement allowance, and

    (c)

    an award of income support made 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 (S.I. 1987/1967) (persons incapable of work or disabled) applies;

  • “incapacity benefit” (except in paragraph 10(a)) means—

    (a)

    incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act,

    (b)

    long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) (former sickness benefit), and

    (c)

    invalidity benefit which has effect by virtue of regulation 17(1) of those regulations as if it were long-term incapacity benefit;

  • severe disablement allowance” means severe disablement allowance under section 68 of that Act (as it has effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958) (C. 89));

  • transitional allowance” has the meaning given by paragraph 8(1)(a).

Commencement Information

I9Sch. 4 para. 11 in force at 27.7.2008 by S.I. 2008/787, art. 2(3)(b)

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources