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EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

SI 2008/794

2008 No. 794
SOCIAL SECURITY
The Employment and Support Allowance
Regulations 2008
Made

-

-

-

-

25th March 2008

Laid before Parliament

27th March 2008

Coming into force in accordance with regulation 1

CONTENTS
PART 1
General
1.
2.
2A.
3.

Citation and commencement
Interpretation
Disapplication of section 1(1A) of the Social Security Administration
Act 1992
Rounding of fractions

PART 2
The Assessment Phase
4.
5.
6.
7.

The end of the assessment phase
The assessment phase – previous claimants
The assessment phase – claimants appealing against a decision (omitted)
Circumstances where the condition that the assessment phase has ended
before entitlement to the support component or the work-related activity
component arises does not apply

PART 3
Conditions of Entitlement – Contributory Allowance
7A.
8.
9.
10.
11.
12.
13.

Conditions relating to national insurance and relevant earnings)
Relaxation of the first contribution condition
Condition relating to youth – claimants aged 20 or over but under 25
Condition relating to youth – previous claimants
Condition relating to youth – residence or presence
Condition relating to youth – full-time education
Modification of the relevant benefit year

Supplement No. 99 [June 2012]

The Law Relating to Social Security

13.5101

SI 2008/794

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008
PART 4
Conditions of Entitlement – Income-Related Allowance
14.
15.
16.
17.
18.

Meaning of education
Claimants to be treated as receiving education
Claimants not to be treated as receiving education
Courses of study
Circumstances in which the condition that the claimant is not receiving
education does not apply

PART 5
Limited Capacity for Work
19.
20.
21.
22.
23.

Determination of limited capability for work
Certain claimants to be treated as having limited capability for work
Information required for determining capability for work
Failure to provide information in relation to limited capability for work
Claimant may be called for a medical examination to determine whether
the claimant has limited capability for work
24.
Matters to be taken into account in determining good cause in relation
to regulations 22 or 23
25.
Hospital in-patients
26.
Claimants receiving certain regular treatment
27.
Claimant to be treated as having limited capability for work throughout
a day
28.
Night workers
29.
Exceptional circumstances
30.
Conditions for treating a claimant as having limited capability for work
until a determination about limited capability for work has been made
31.
Claimant who claims jobseeker’s allowance to be treated as not having
limited capability for work (Revoked)
32.
Certain claimants to be treated as not having limited capability for work
32A. Claimants to be treated as not having limited capability for work at the
end of the period covered by medical evidence.
33.
Additional circumstances where claimants are to be treated as having
limited capability for work

PART 6
Limited Capability for Work-Related Activity
34.
35.

Determination of limited capability for work-related activity
Certain claimants to be treated as having limited capability for workrelated activity
35A. Relevant linked cases - limited capability for work-related activity
36.
Information required for determining capability for work-related activity
37.
Failure to provide information in relation to work-related activity
38.
Claimant may be called for a medical examination to determine whether
the claimant has limited capability for work-related activity
39.
Matters to be taken into account in determining good cause in relation
to regulations 37 or 38
13.5102

Supplement No. 99 [June 2012]

The Law Relating to Social Security

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

SI 2008/794

PART 7
Effect of Work on entitlement to an Employment and Support Allowance
40.
41.
42.
43.
44.

45.
46.

A claimant who works to be treated as not entitled to an employment and
support allowance
Meaning of “remunerative work” for the purposes of paragraph 6(1)(e) of
Schedule 1 to the Act
Meaning of “remunerative work” for the purposes of paragraph 6(1)(f) of
Schedule 1 to the Act
Circumstances under which partners of claimants entitled to an incomerelated allowance are not to be treated as engaged in remunerative work
Claimants who are treated as not entitled to any allowance at all by
reason of regulation 40(1) are to be treated as not having limited capability for work
Exempt work
Effect of work on entitlement to contributory allowance where claimant
is receiving certain regular treatment

PART 8
Conditionality
CHAPTER 1
Work-focused health-related assessment
47.
48.
49.
50.
51.
52.
53.

Requirement to take part in a work-focused health-related assessment
(revoked)
Work-focused health-related assessment (revoked)
Notification of assessment (revoked)
Determination of the place of the work-focused health-related assessment
(omitted)
Taking part in a work-focused health-related assessment (revoked)
Deferral of requirement to take part in a work-focused health-related
assessment (revoked)
Failure to take part in a work-focused health-related assessment
(revoked)

CHAPTER 2
Work-focused interviews
54.
55.
56.
57.
58.
59.
60.
61.
62.

Requirement to take part in a work-focused interview
Work-focused interview
Notification of interview
Taking part in a work-focused interview
Action plan (revoked)
Deferral of requirement to take part in a work-focused interview
Requirement to take part in a work-focused interview not to apply
Failure to take part in a work-focused interview
Contracting out certain functions relating to work-focused interviews

Supplement No. 96 [Sept 2011]

The Law Relating to Social Security

13.5103

SI 2008/794

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

CHAPTER 3
Reduction of employment and support allowance
63.
64.

Reduction of employment and support allowance
Cessation of reduction

CHAPTER 4
Notification
65.

Notification under this Part

CHAPTER 5
Modification of the Act in relation to claims to which section 5(1)(c) of the
Administration Act applies
66.

Modifications of the Act

PART 9
AMOUNTS OF ALLOWANCE
CHAPTER 1
Prescribed amounts
67.
68.
69.
70.
71.

Prescribed amounts
Polygamous marriages
Special cases
Special cases: supplemental – persons from abroad
Definition of non-dependant

CHAPTER 2
Deductions from the contributory allowance
72.
72A.
73.
74.
75.
76.
77.
78.
79.

13.5104

Permanent health insurance
Financial Assistance scheme
Councillor’s allowance
Deductions for pension payment and PPF payment
Payments treated as not being payments to which section 3 applies
Deductions for councillor’s allowance
Date from which payments are to be taken into account
Date from which a change in the rate of the payment takes effect
Calculation of payment made other than weekly

Supplement No. 96 [Sept 2011]

The Law Relating to Social Security

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

SI 2008/794

CHAPTER 3
Statutory payments
80.
81.
82.

Effect of statutory maternity pay on a contributory allowance
Effect of statutory adoption pay on a contributory allowance
Effect of additional statutory paternity pay on a contributory allowance

PART 10
INCOME AND CAPITAL
CHAPTER 1
General
83.
84.
85.
86.
87.
88.
89.

Calculation of income and capital of members of claimant’s family and
of a polygamous marriage
Income of participants in the self-employment route
Liable relative payments
Child support (omitted)
Calculation of income and capital of students
Calculation of income which consists of earnings of participants in
exempt work
Calculation of income where pension payments, PPF periodic payments
or councillor’s allowance payable

CHAPTER 2
Income
90.
91.
92.
93.
94.

Calculation of income
Calculation of earnings derived from employed earner’s employment and
income other than earnings
Calculation of earnings of self-employed earners
Date on which income is treated as paid
Calculation of weekly amount of income

CHAPTER 3
Employed earners
95.
96.

Earnings of employed earners
Calculation of net earnings of employed earners

Supplement No. 90 [March 2010]

The Law Relating to Social Security

13.5105

SI 2008/794

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

CHAPTER 4
Self-employed earners
97.
98.
99.

Earnings of self-employed earners
Calculation of net profit of self-employed earners
Deduction of tax and contributions for self-employed earners

CHAPTER 5
Participants in the self-employment route
100.
101.
102.
103.

Interpretation
Treatment of gross receipts of participants in the self-employment route
Calculation of income of participants in the self-employment route
Deduction in respect of tax for participants in the self-employment route

CHAPTER 6
Other income
104.
105.
106.
107.
108.
109.

Calculation of income other than earnings
Capital treated as income
Notional income – deprivation and income on application
Notional income – income due to be paid or income paid to or in respect
of a third party
Notional income – other income
Notional income – calculation and interpretation

CHAPTER 7
Capital
110.
111.
112.
113.
114.
115.
116.
117.
118.

13.5106 (–13.5112)

Capital limit
Calculation of capital
Income treated as capital
Calculation of capital in the United Kingdom
Calculation of capital outside the United Kingdom
Notional capital
Diminishing notional capital rule
Capital jointly held
Calculation of tariff income from capital

Supplement No. 90 [March 2010]

The Law Relating to Social Security

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

SI 2008/794

CHAPTER 8
Liable relatives
119.
120.
121.
122.
123.
124.
125.
126.

Interpretation
Treatment of liable relative payments
Disregard of payments treated as not relevant income
Period over which periodical payments are to be taken into account
Period over which payments other than periodical payments are to be
taken into account
Calculation of the weekly amount of a liable relative payment
Date on which a liable relative payment is to be treated as paid
Liable relative payments to be treated as capital (omitted)

CHAPTER 9
Child support
127.
128.
129.
130.

Treatment of child support maintenance (omitted)
Calculation of the weekly amount of payments of child support maintenance (omitted)
Date on which child support maintenance is to be treated as paid
(omitted)
Disregard of payments treated as not relevant income (omitted)

CHAPTER 10
Students
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.

Interpretation
Calculation of grant income
Calculation of covenant income where a contribution is assessed
Calculation of covenant income where no grant income or no contribution is assessed
Relationships with amounts to be disregarded under Schedule 8
Other amounts to be disregarded
Treatment of student loans
Treatment of payments from access funds
Treatment of fee loans
Disregard of contribution
Further disregard of student’s income
Income treated as capital
Disregard of changes occurring during summer vacation

Supplement No. 99 [June 2012]

The Law Relating to Social Security

13.5113

SI 2008/794

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

PART 11
SUPPLEMENTARY PROVISIONS
CHAPTER 1
Miscellaneous
144.
145.
146.
147.
147A.

Waiting days
Linking rules
Advance awards
Recovery orders
Claimants appealing a decision

CHAPTER 2
Work or training beneficiaries
148.
149.
150.

Work or training beneficiaries (omitted)
Linking rules – limited capability for work (omitted)
Linking rules – limited capability for work-related activity (omitted)

CHAPTER 3
Temporary absence from Great Britain
151.
152.
153.
154.
155.

Absence from Great Britain
Short absence
Absence to receive medical treatment
Absence in order to receive NHS treatment
Absence of member of family of member of Her Majesty’s forces

CHAPTER 4
Membership of household
156.

Circumstances in which a person is to be treated as being or not being a
member of the household

PART 12
DISQUALIFICATION
157.
158.
159.
160.
161.

13.5114

Disqualification for misconduct etc.
Meaning of “person in hardship”
Treating a claimant as not having limited capability for work
Exceptions from disqualification for imprisonment
Suspension of payment of a contributory allowance during imprisonment

Supplement No. 99 [June 2012]

The Law Relating to Social Security

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008

SI 2008/794

PART 13
URGENT CASES
162.
163.
164.

Urgent cases (Revoked)
Applicable amounts in urgent cases (Revoked)
Assessment of income and capital in urgent cases (Revoked)

PART 14
PERIODS OF LESS THAN A WEEK
165.
166.
167.
168.
169.

Entitlement for less than a week – amount of an employment and support
allowance payable
Relevant week
Modification in the calculation of income
Reduction in certain cases
Payment of a contributory allowance for days of certain regular treatment

SCHEDULE 1 — HER MAJESTY’S FORCES
PART I — Prescribed establishments and organisations
PART 2 — Establishments and organisations of which Her Majesty’s forces do
not consist
SCHEDULE 2 — ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED
CAPABILITY FOR WORK
PART 1 — Physical disabilities
PART 2 — Mental, cognitive and intellectual function assessment
SCHEDULE 3 — ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED
CAPABILITY FOR WORK-RELATED ACTIVITY
SCHEDULE 4 — AMOUNTS
PART 1 — Prescribed amounts
PART 2 — Premiums
PART 3 — Weekly amount of premiums specified in Part 2
PART 4 — The components
SCHEDULE 5 — SPECIAL CASES
PART 1 — Amounts prescribed for the purposes of section 4(2) of the Act
PART 2 — Amounts prescribed for the purposes of sections 2(1) and 4(2) of the
Act
SCHEDULE 6 — HOUSING COSTS
SCHEDULE 7 — SUMS TO BE DISREGARDED IN THE CALCULATION OF
EARNINGS
SCHEDULE 8 — SUMS TO BE DISREGARDED IN THE CALCULATION OF
INCOME OTHER THAN EARNINGS
SCHEDULE 9 — CAPITAL TO BE DISREGARDED

Supplement No. 110 [March 2015]

The Law Relating to Social Security

13.5115


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