C1C5C3C4C6C7C9C10C10C11C12C13C14Part 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))

C3

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C10

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)

C11

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)

C13

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.

C14

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

2C1Amount of F7contributory allowance

1

F6In the case of a contributory allowance, the amount payableF6The 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 F1... 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—

C2C8a

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.

3

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Regulations may—

I1I2a

prescribe circumstances in which paragraph (a) of subsection (2) F3... is not to apply;

I3b

prescribe circumstances in which entitlement under subsection (2) F4... is to be backdated;

I1I2c

make provision about the amount of the component under subsection (2) F5....

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.