C1C6C4C5C7C8Part 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))

C4

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C5

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

Entitlement

2C1Amount of F2contributory allowance

1

F1In the case of a contributory allowance, the amount payableF1The amount payable by way of an employment and support allowance in respect of a claimant shall be calculated by—

I1I2a

taking such amount as may be prescribed,

I3b

if in his case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component, and

I1I2c

making prescribed deductions in respect of any payments to which section 3 applies.

I32

The conditions of entitlement to the support component are—

C2C9a

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.

I33

The conditions of entitlement to the work-related activity component are—

C3C10a

that the assessment phase has ended,

b

that the claimant does not have limited capability for work-related activity, and

c

that such other conditions as may be prescribed are satisfied.

4

Regulations may—

I1I2a

prescribe circumstances in which paragraph (a) of subsection (2) or (3) is not to apply;

I3b

prescribe circumstances in which entitlement under subsection (2) or (3) is to be backdated;

I1I2c

make provision about the amount of the component under subsection (2) or (3).

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.