Employment and Support Allowance: 2013 Regulations in full

Introductory Text

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PART 1

1.Citation, commencement and application

2.Interpretation

3.Further interpretation

4.Rounding of fractions

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PART 2

5.The end of the assessment phase

6.The assessment phase – previous claimants

7.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

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PART 3

8.Conditions relating to national insurance and relevant earnings

9.Relaxation of the first contribution condition

10.Condition relating to youth – claimants aged 20 or over but under 25

11.Condition relating to youth – previous claimants

12.Condition relating to youth – residence or presence

13.Condition relating to youth – full-time education

14.Modification of the relevant benefit year

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PART 4

15.Determination of limited capability for work

16.Certain claimants to be treated as having limited capability for work

17.Information required for determining capability for work

18.Failure to provide information in relation to limited capability for work

19.Claimant may be called for a medical examination to determine whether the claimant has limited capability for work

20.Matters to be taken into account in determining good cause in relation to regulations 18 or 19

21.Hospital patients

22.Claimants receiving certain treatment

23.Claimant to be treated as having limited capability for work throughout a day

24.Night workers

25.Exceptional circumstances

26.Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made

27.Certain claimants to be treated as not having limited capability for work

28.Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence

29.Additional circumstances where claimants are to be treated as having limited capability for work

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PART 5

30.Determination of limited capability for work-related activity

31.Certain claimants to be treated as having, or not having, limited capability for work-related activity

32.Relevant linked cases – limited capability for work-related activity

33.Information required for determining capability for work-related activity

34.Failure to provide information in relation to work-related activity

35.Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

36.Matters to be taken into account in determining good cause in relation to regulations 34 or 35

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PART 6

37.A claimant who works to be treated as not entitled to an employment and support allowance

38.Claimants who are treated as not entitled to any allowance at all by reason of regulation 37(1) are to be treated as not having limited capability for work

39.Exempt work

40.Effect of work on entitlement to an employment and support allowance where claimant is receiving certain treatment

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PART 7

41.Interpretation

42.Application of regulations where there is dual entitlement

43.Sanction ceases to apply to employment and support allowance

44.Claimant commitment – date and method of acceptance

45.Claimant commitment – exceptions

46.Purposes of a work-focused interview

47.Claimants subject to no work-related requirements

48.Claimants subject to work-focused interview requirement only

49.Victims of domestic violence

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PART 8

50.Interpretation

51.General principles for calculating reduction periods

52.Low-level sanction

53.Lowest-level sanction

54.Start of the reduction

55.Reduction period to continue where award of employment and support allowance terminates

56.Suspension of a reduction where a fraud sanction applies

57.Termination of a reduction

58.Amount of reduction for each benefit week

59.Daily reduction rate

60.Lower daily reduction rate

61.Sanctions where universal credit ends and the person is entitled to an employment and support allowance

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PART 9

62.Prescribed amounts

63.Special cases

64.Permanent health insurance

65.Financial Assistance Scheme

66.Councillor’s allowance

67.Deductions for pension payment and PPF payment

68.Payments treated as not being payments to which section 3 applies

69.Deductions for councillor’s allowance

70.Date from which payments are to be taken into account

71.Date from which a change in the rate of the payment takes effect

72.Calculation of payment made other than weekly

73.Effect of statutory maternity pay on an employment and support allowance

74.Effect of statutory adoption pay on an employment and support allowance

75.Effect of additional statutory paternity pay on an employment and support allowance

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PART 10

76.Calculation of earnings derived from employed earner’s employment and income other than earnings

77.Calculation of earnings of self-employed earners

78.Date on which income is treated as paid

79.Calculation of weekly amount of income

80.Earnings of employed earners

81.Calculation of net earnings of employed earners

82.Earnings of self-employed earners

83.Calculation of net profit of self-employed earners

84.Deduction of tax and contributions for self-employed earners

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PART 11

85.Waiting days

86.Linking period

87.Claimants appealing a decision

88.Absence from Great Britain

89.Short absence

90.Absence to receive medical treatment

91.Absence in order to receive NHS treatment

92.Absence of member of family of member of Her Majesty’s forces

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PART 12

93.Disqualification for misconduct etc

94.Meaning of “person in hardship”

95.Treating a claimant as not having limited capability for work

96.Exceptions from disqualification for imprisonment

97.Suspension of payment of an employment and support allowance during imprisonment

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PART 13

98.Entitlement for less than a week – amount of an employment and support allowance payable

99.Relevant week

100.Modification in the calculation of income

101.Reduction in certain cases

102.Payment of an employment and support allowance for days of certain treatment

Signature

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SCHEDULE 1

Her Majesty’s Forces

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SCHEDULE 2

Assessment of Whether a Claimant has Limited Capability for Work

SCHEDULE 3

Assessment of whether a claimant has limited capability for work-related activity