The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017

• Citation: S.I. 2017/581
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 and come into force on 23rd June 2017.

Section 2 Amendments to the Social Fund (Cold Weather Payments) (General) Regulations 1988

In paragraph (2) of regulation 1 (interpretation) of the Social Fund (Cold Weather Payments) (General) Regulations 1988 —

(a) for the definition of “member of the support group” substitute—

“member of the support group” means a person who has or is treated as having limited capability for work-related activity under Part 6 of the Employment and Support Allowance Regulations 2008;

(b) for the definition of “member of the work-related activity group” substitute—

“member of the work-related activity group” means a person who has or is treated as having limited capability for work under Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008;

Section 3 Amendment to the Jobseeker’s Allowance Regulations 1996

In paragraph 1(3)(e)(i) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996 , after “(component)” insert “or who is a member of the work-related activity group”.

Section 4 Amendment to the State Pension Credit Regulations 2002

In paragraph 1(2)(a)(iii)(dd) of Schedule 2 (housing costs) to the State Pension Credit Regulations 2002 , for “Welfare Reform Act “(component)” substitute “Welfare Reform Act (component)”.

Section 5 Amendments to the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition for “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group, ”;

(b) in the definition for “member of the work-related activity group” for “claimant” substitute “person”.

(3) In paragraph (8)(c)(ii) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a) omit “23 or”;

(b) after “of that Schedule” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”.

(4) In paragraph (8)(a) of regulation 74 (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.

(5) In paragraph 1A(a) of Schedule 3 (applicable amounts) after “personally” insert “or the claimant is personally a member of the work-related activity group”.

(6) In paragraph 17(2)(b)(iv)(bb) of Schedule 4 (sums to be disregarded in the calculation of earnings) omit “and is engaged in remunerative work for on average not less than 16 hours per week”.

Section 6 Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition for “main phase employment and support allowance” after “Welfare Reform Act” insert “or the claimant is a member of the work-related activity group”;

(b) in the definition for “member of the work-related activity group” for “claimant” substitute “person”.

(3) In paragraph (8) of regulation 55 (non-dependant deductions) for “or where the non-dependant is not a member of the work-related activity group” substitute “and where the non-dependant is not a member of the work-related activity group”.

Section 7 Amendments to the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition for “main phase employment and support allowance” after “Act” insert “or where the claimant is a member of the work-related activity group”;

(b) in the appropriate place insert—

“member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under Part 5 of these Regulations other than by virtue of regulation 30 of these Regulations;

(3) In paragraph (1B) of regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component arises does not apply)—

(a) in sub-paragraph (a)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”;

(b) in sub-paragraph (d)(i) after “2(2) or 4(4) of the Act” insert “or the claimant was a member of the work-related activity group”.

(4) In column (1) of paragraph 1 of Part 1 of Schedule 4 (amounts)—

(a) in sub-paragraph (1)(a) after “2(2) or 4(4) of the Act” insert “or who is a member of the work-related activity group”;

(b) in sub-paragraph (2)(a) after “4(4) of the Act” insert “or who is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”;

(c) in sub-paragraph (3)(c), (f) and (g) after “4(4) of the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 2 of Schedule 1 to the Act”.

Section 8 Amendment to the Employment and Support Allowance Regulations 2013

In paragraph (1)(a) and (b) of regulation 62 (prescribed amounts) of the Employment and Support Allowance Regulations 2013 , after “the Act” insert “or the claimant is a member of the work-related activity group and satisfies the conditions set out in Part 1 to Schedule 1 to the Act”.

Section 9 Amendments to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

In Schedule 2 (transitional and savings provisions) to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 —

(a) in paragraph 1(2) in the definition for “a claim”—

(i) for ““a claim”” substitute ““claim””;

(ii) omit “making”;

(iii) before “in accordance” insert “made”;

(b) in paragraph 4 (claimants on incapacity benefits who have or will become notified persons) after “where the claimant” insert “has been, ”.

Section 10 Transitional and savings provision

The amendments made by regulations 2 to 8 of these Regulations do not apply where any of the circumstances in paragraph 2 to 7 of Schedule 2 (transitional and savings provisions) to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017, as amended by regulation 9 of these Regulations apply.