The Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008

• Citation: S.I. 2008/3270
• Sections: 2

Section 1 Citation and commencement

These Regulations may be cited as the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008 and come into force on 20th January 2009.

Section 2 Modification of section 150 of the Administration Act

(1) This regulation applies where a claimant is entitled to incapacity benefit or severe disablement allowance which includes an amount under one of the provisions referred to in paragraph .

(2) The provisions referred to in paragraph (1) are —

(a) section 69(1) of the Contributions and Benefits Act (severe disablement allowance: age related addition);

(b) regulation 10 of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit etc. ); and

(c) regulation 18(1)(c) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases).

(3) Where this regulation applies, section 150 of the Administration Act (annual up-rating of benefits) is to have effect as if the following were inserted after subsection (5)—

(5A) The Secretary of State may, in respect of each of the tax years beginning with 2009-10 and ending with 2013-14, include in the draft of an uprating order a reduction in an amount under—

(a) section 69(1) of the Contributions and Benefits Act (severe disablement allowance: age related addition);

(b) regulation 10 of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit etc.); and

(c) regulation 18(1)(c) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases).