- Latest available (Revised)
- Original (As made)
The Employment and Support Allowance (Transitional Provisions) Regulations 2008
You are here:
- UK Statutory Instruments
- 2008 No. 795
- Explanatory Note
What Version
Opening Options
Status:
This is the original version (as it was originally made).
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make transitional provision in relation to the introduction of employment and support allowance. They provide in effect that (apart from linked claims) after employment and support allowance is introduced no new claim can be made for incapacity benefit, severe disablement allowance or income support on the grounds of disability, since such a claim will be treated as a claim for an employment and support allowance (regulation 2(1)).
But a person who has previously been entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, can, in the circumstances set out in regulation 2(2), make a repeat (linked) claim for that benefit.
A person who is entitled to incapacity benefit, severe disablement allowance or income support on the grounds of disability, or who can make a linked claim for that benefit, is prevented from claiming employment and support allowance (regulation 3).
Where a person tries to claim an employment and support allowance ineffectively, either by making a claim for a period before employment and support allowance is introduced or by claiming after the appointed day for a period which includes a period before the appointed day, the claim may be treated instead as a claim for incapacity benefit or income support on the grounds of disability (regulation 4).
Regulation 5 provides a specific transitional provision relating to certain amendments made to the Jobseekers Act 1995 by paragraph 12 of Schedule 3 to the Welfare Reform Act 2007 (relating to “incapacity for work”)
An impact assessment has not been completed for these Regulations as they have no impact on the private, public or voluntary sectors.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Explanatory Note only
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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
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 made 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
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.