The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

Made: 23rd February 2017

Laid before Parliament: 27th February 2017

Coming into force: 3rd April 2017

In accordance with section 176(1) of the Social Security Administration Act 1992[^f00004] the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement

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These Regulations may be cited as the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 and come into force on 3rd April 2017.

PART 1 — Employment and Support Allowance: work-related activity component

Amendments to the Employment and Support Allowance Regulations 2008

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• (1) The Employment and Support Regulations 2008[^f00005] are amended as follows.

• (2) In regulation 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)—

• (a) in the heading, omit “or the work-related activity component”;

• (b) in paragraph (1), for “sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “sections 2(2)(a) and 4(4)(a)”;

• (c) in paragraph (1B)—

• (i) in sub-paragraph (a)(i) for “2(2), 2(3), 4(4) or 4(5)” substitute “2(2) or 4(4)”;

• (ii) in sub-paragraph (d)(i) for “2(2), 2(3), 4(4) or 4(5)” substitute “2(2) or 4(4)”.

• (3) In regulation 67 (prescribed amounts), in paragraph (3)—

• (a) omit “work-related activity component and the”;

• (b) for “are” substitute “is”.

• (4) In Schedule 4 (amounts)—

• (a) in Part 1 (prescribed amounts), in paragraph 1, in column (1)—

• (i) in sub-paragraph (1)(a) omit “or (3)” and “or (5)”;

• (ii) in sub-paragraph (2)(a) omit “or (5)”;

• (iii) in sub-paragraph (3)(c), (f) and (g) omit “or (5)”;

• (b) in Part 3 (weekly amount of premiums specified in part 2), in paragraph 11(1)—

• (i) in paragraph (a)—

• (aa) in columns “Premium” and “Amount” omit sub-paragraph (i);

• (bb) in column “Premium” for sub-paragraph (iii) substitute—

(iii) is not entitled to the support component;

• (ii) in paragraph (b)—

• (aa) in columns “Premium” and “Amount” omit sub-paragraph (i);

• (bb) in column “Premium” for sub-paragraph (iii) substitute—

(iii) is not entitled to the support component;

• (c) in Part 4 (the components)—

• (i) in the heading, for “(the components)” substitute “(the component)”;

• (ii) omit paragraph 12.

• (5) In Schedule 6 (housing costs)—

• (a) in paragraph 1, in sub-paragraph (3)(a)(ii) omit “including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component)”;

• (b) in paragraph 19, in sub-paragraph (7)(d) for “which does not include an amount under section 4(2)(b) of the Act” substitute “and they are still in the assessment phase in accordance with regulation 4”.

Amendments to the Employment and Support Allowance Regulations 2013

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• (1) The Employment and Support Allowance Regulations 2013[^f00006] are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1) 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 either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or Part 4 of these Regulations other than by virtue of regulation 26;

• (3) In regulation 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)—

• (a) in the heading, omit “or the work-related activity component”;

• (b) in paragraph (1), omit “and (3)(a)”;

• (c) in paragraphs (3)(a)(i) and (d)(i)—

• (i) omit “or (3)”;

• (ii) after “of the Act” insert “or they were a member of the work-related activity group”.

• (4) In regulation 62 (prescribed amounts)—

• (a) in paragraph (1)(a) and (b), omit “or (3)”;

• (b) for paragraph (2) substitute—

(2) Subject to regulation 63 the amount of the support component is £36.20.

PART 2 — Universal Credit: limited capability for work element

Amendments to the Universal Credit Regulations 2013

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• (1) The Universal Credit Regulations 2013[^f00007] are amended as follows.

• (2) In regulation 2 (interpretation), for the definition of ““LCW element” and “LCWRA element”” substitute—

• “LCWRA element” has the meaning in regulation 27;

• (3) In regulation 23 (introduction), in paragraph (2)(a) omit “the LCW element and”.

• (4) In regulation 27 (award to include LCW and LCWRA elements)—

• (a) in the heading, for “LCW and LCWRA elements” substitute “LCWRA element”;

• (b) for paragraph (1) substitute—

(1) An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).

• (c) in paragraph (2), for “amounts of those elements are” substitute “amount of that element is”;

• (d) in paragraph (3), omit “work or for”;

• (e) for paragraph (4), substitute—

(4) In the case of joint claimants, where each of them has limited capability for work and work-related activity, the award is only to include one LCWRA element.

• (5) In regulation 28 (period for which the LCW or LCWRA element is not to be included)—

• (a) in the heading and in paragraphs (1), (2)(a) and (3)(a), omit “LCW or”;

• (b) in paragraph (5)(b)(i), omit “or the work-related activity component”;

• (c) omit paragraph (6).

• (6) In regulation 29 (award to include the carer element), for paragraph (4) substitute—

(4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.

• (7) In regulation 36 (table showing amounts of elements)—

• (a) in paragraph (1), for “LCW and LCWRA elements” substitute “LCWRA element”;

• (b) in the table—

• (i) for the row “LCW and LCWRA elements” substitute “LCWRA element”;

• (ii) omit the row under “LCWRA element” (as amended by paragraph (i)) showing the amount for limited capability for work.

Amendments to the Universal Credit (Transitional Provisions) Regulations 2014

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• (1) The Universal Credit (Transitional Provisions) Regulations 2014[^f00008] are amended as follows.

• (2) In regulation 19 (transition from old style ESA)—

• (a) in paragraph (1), for sub-paragraph (b) substitute—

(b) on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).

• (b) in paragraph (2)—

• (i) for “was entitled to the work-related activity component” substitute “had limited capability for work (within the meaning of Part 1 of the 2007 Act)”;

• (ii) omit sub-paragraph (a);

• (iii) in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

• (c) omit paragraph (3);

• (d) in paragraph (4), for “was entitled to the support component” substitute “had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity”;

• (e) in paragraph (6), for “was entitled to the work-related activity component or, as the case may be, the support component” substitute “had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)”;

• (f) in paragraph (8)—

• (i) for the definition of ““assessment phase”, “support component” and “work-related activity component”” substitute—

• “assessment phase” has the same meaning as in the 2007 Act;

• (ii) for the definition of ““LCW element” and “LCWRA element”” substitute—

• “LCWRA element” has the same meaning as in the Universal Credit Regulations.

• (g) in paragraph (9) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”;

• (h) after paragraph (9) insert—

(10) For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).

• (3) In regulation 20 (transition from old style ESA before the end of the assessment phase)—

• (a) in paragraph (2), in sub-paragraph (a) omit “LCW or”;

• (b) in paragraph (3), omit sub-paragraph (b).

• (4) In regulation 20A (transition from jobseeker’s allowance following an extended period of sickness), in paragraph (2)(a) omit “LCW or”.

• (5) In regulation 21 (other claimants with limited capability for work: credits only cases)—

• (a) in paragraph (2)—

• (i) omit sub-paragraph (a);

• (ii) in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

• (b) omit paragraph (3);

• (c) in paragraph (7), omit sub-paragraph (b);

• (d) in paragraph (9), in sub-paragraphs (d) and (e) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”.

PART 3 — Universal Credit: work-related requirements

Amendments to the Universal Credit Regulations 2013

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In regulation 88 of the Universal Credit Regulations 2013 (expected hours), in paragraph (2)—

• (a) in sub-paragraph (a)(i) after “responsible carer” insert “(subject to the following sub-paragraphs)”;

• (b) after sub-paragraph (a) insert—

(aa) where the claimant is a responsible carer of a child who has not yet reached compulsory school age, the number of hours that the Secretary of State considers is compatible with those caring responsibilities;

• (c) in sub-paragraph (b) after “a child” insert “who has reached compulsory school age but who is”.

PART 4 — Consequential, transitional and savings provisions

Consequential, transitional and savings provisions

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• (1) Schedule 1 contains amendments to secondary legislation as a consequence of the amendments made by these Regulations.

• (2) Schedule 2 contains transitional and savings provisions.

SCHEDULE 1 — Consequential amendments to secondary legislation

PART 1 — Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Amendments to the Income Support (General) Regulations 1987

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• (1) The Income Support (General) Regulations 1987[^f00009] are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—

• “member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either— Part 6 of the Employment and Support Allowance Regulations 2008; or Part 5 of the Employment and Support Allowance Regulations 2013;

• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

• (3) In Schedule 3 (housing costs)—

• (a) in paragraph 1 (housing costs)—

• (i) in sub-paragraph (3)(d)(i)—

• (aa) omit “or (3)”, “or (5)” and “(components)”;

• (bb) after “Welfare Reform Act” insert “(component) or is a member of the work-related activity group”;

• (ii) in sub-paragraph (3)(d)(ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;

• (b) in paragraph 18 (non-dependant deductions), in sub-paragraph (7)(i) for the words from “which does not include” to the end substitute “and is not a member of the work-related activity group or a member of the support group; or”.

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

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• (1) The Social Fund (Cold Weather Payments) (General) Regulations 1988[^f00010]are amended as follows.

• (2) In regulation 1 (interpretation), in paragraph (2) in the appropriate place insert—

• “member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either— Part 6 of the Employment and Support Allowance Regulations 2008; or Part 5 of the Employment and Support Allowance Regulations 2013;

• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

• (3) In regulation 1A (prescribed description of persons), in paragraph (3)(e)—

• (a) for “, P’s applicable amount includes” substitute “and”;

• (b) in paragraph (i) before “one or more” insert “P’s applicable amount includes”;

• (c) for paragraph (ii) substitute—

(ii) P is a member of the work-related activity group or is a member of the support group; or

Amendments to the Jobseeker’s Allowance Regulations 1996

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• (1) The Jobseeker’s Allowance Regulations 1996[^f00011] are amended as follows.

• (2) In regulation 1 (interpretation), in paragraph (3) 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 either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

• (3) In Schedule 2 (housing costs)—

• (a) in paragraph 1 (housing costs), in sub-paragraph (3)(e) —

• (i) in sub-paragraph (i)—

• (aa) omit “or (3)” and “or (5)”;

• (bb) for “(components)” substitute “(component)”;

• (ii) in sub-paragraph (ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;

• (b) in paragraph 17 (non-dependant deductions), in sub-paragraph (7)(i)—

• (i) omit “or (5)” and “(components)”;

• (ii) after “Welfare Reform Act” insert “(component) and is not a member of the work-related activity group”.

Amendment to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

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In regulation 7 (decisions superseding earlier decisions) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001[^f00012], in paragraph (2)(o)(iv)(bb) omit “or the work-related activity component”.

Amendments to the State Pension Credit Regulations 2002

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• (1) The State Pension Credit Regulations 2002[^f00013] are amended as follows.

• (2) In regulation 1 (interpretation), in paragraph (2) 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 either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

• (3) In Schedule 2 (housing costs)—

• (a) in paragraph 1 (housing costs), in sub-paragraph (2)(a)(iii)(dd) for “or (3) or 4(4) or (5) of the Welfare Reform Act (components) [or would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)” substitute “or 4(4) of the Welfare Reform Act “(component) or is a member of the work-related activity group or they would have been a member of the work-related activity group”;

• (b) in paragraph 14 (persons residing with the claimant), in sub-paragraph (7)(g)—

• (i) omit “or (5)”;