iBet uBet web content aggregator. Adding the entire web to your favor.

Link to original content: http://www.legislation.gov.uk/uksi/2010/875/contents/made/data.xml

http://www.legislation.gov.uk/uksi/2010/875/contents/madeThe Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010BenefitsIncome supportHousing benefitSocial fund paymentsBenefits for parents and childrenenKing's Printer of Acts of Parliament2018-03-21SOCIAL SECURITY These Regulations make transitional provision in relation to the introduction of employment and support allowance and apply to persons entitled to any existing award (which is defined in Schedule 4 to the Welfare Reform Act 2007 in terms of incapacity benefit, severe disablement allowance and income support on grounds of disability). The Regulations set out the process for determining whether existing awards are to be converted into awards of an employment and support allowance. An award may be converted only if certain conditions are satisfied in relation to the person entitled to the award. The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (Revocation) Regulations 2010reg 2 The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 PART 1GENERAL1Citation and commencement2Interpretation3Persons to whom these Regulations apply PART 2CONVERSION DECISIONS4The notice commencing the conversion phase5Deciding whether an existing award qualifies for conversion6Application of certain enactments for purpose of making conversion decisions7Qualifying for conversion8Amount of an employment and support allowance on conversion9Determining entitlement to a transitional addition10Transitional addition: incapacity benefit or severe disablement allowance11Transitional addition: income support12Regulations 10 and 11: supplementary13The effective date of a conversion decision14Conversion decision that existing award qualifies for conversion15Conversion decision that existing award does not qualify for conversion PART 3AFTER THE CONVERSION PHASE16Application of other enactments applying to employment and support allowances17Changes of circumstances before the effective date18Reducing the transitional addition: general rule19Reducing the transitional addition: increases for dependent children20Reducing the transitional addition: increases for adult dependants21Termination of transitional addition PART 4MISCELLANEOUS22Disapplication of certain enactments following conversion decision23Treatment of claims until coming into force of regulation 2424Revocation of transitional claims provisions25Amendment of the 2008 Regulations26Consequential amendments27Amendments to legislation relating to Housing Benefit and Council Tax Benefit SCHEDULES SCHEDULE 1Modification of enactments: making conversion decisionsPART 1MODIFICATION OF PART 1 OF THE 2007 ACT1Any reference to a claimant is to be read as...2Section 1 is to be read as if— 3Section 2 is to be read as if, in subsections...4Section 4 is to be read as if, in subsections...5Section 5 does not apply. 6Schedule 1 to the 2007 Act is to be read...PART 2MODIFICATION OF THE 2008 REGULATIONS7Any reference to a claimant is to be read as...8Part 2(which makes provision about the assessment phase) does not...9Part 3 (which makes provision about contribution conditions which do...10Regulation 30 (which provides for payment of the allowance pending...11Regulation 75 (payments treated as not being payments to which...12Regulation 144 (requirement to serve a period of waiting days...PART 3MODIFICATION OF OTHER SECONDARY LEGISLATIONSocial Security (Claims and Payments) Regulations 198713Regulation 32 of the Social Security (Claims and Payments) Regulations... SCHEDULE 2Modification of enactments: after the conversion phasePART 1MODIFICATION OF PART 1 OF THE 2007 ACT1Any reference to a claimant is to be read as...2Section 1 (employment and support allowance) is to be read...3Section 2 (amount of contributory allowance) is to be read...4Section 4 (amount of income-related allowance), except for the purposes...PART 2MODIFICATION OF OTHER PRIMARY LEGISLATIONSocial Security Act 19985Schedule 3 to the Social Security Act 1998 (decisions against...Social Security Contributions and Benefits Act 19926Section 44B of the Social Security Contributions and Benefits Act...PART 3MODIFICATION OF THE 2008 REGULATIONS7Any reference to a claimant is to be read as...8Part 2 (which makes provision about the assessment phase) does...9Part 3 (which makes provision about contribution conditions which do...10In its application to a person who has made and...11Regulation 45 (exempt work) is to be read as if,...12Regulation 67 (prescribed amounts) is to be read as if—...13Regulation 68 (polygamous marriages) is to be read as if,...14Regulation 75 (payments treated as not being payments to which...15In its application to a person who has made and...16Schedule 5 (prescribed amounts in special case) is to be...PART 4MODIFICATION OF OTHER SECONDARY LEGISLATIONSocial Security (Claims and Payments) Regulations 198717The Social Security (Claims and Payments) Regulations 1987 are to...18Regulation 3 (claims not required for entitlement to benefits in...19In regulation 26C (employment and support allowance) any reference to...20Regulation 32(1B) (information to be given and changes to be...21Schedule 9 (deductions from benefit and direct payments to third...22Schedule 9B (deductions from benefit in respect of child support...Community Charges (Deductions from Income Support) (No. 2) Regulations 199023Regulation 1 of the Community Charges (Deductions from Income Support)...Fines (Deductions from Income Support) Regulations 199224Regulation 1 of the Fines (Deductions from Income Support) Regulations...Council Tax (Deductions from Income Support) Regulations 199325Regulation 1 of the Council Tax (Deductions from Income Support)...Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 200126Regulation 5A of the Additional Pension and Social Security Pensions... SCHEDULE 3List of regulations that apply after the conversion phase SCHEDULE 4Consequential amendmentsThe Social Security (Claims and Payments) Regulations 19871In paragraph 8 of Schedule 9 to the Social Security...The Employment and Support Allowance (Transitional Provisions) Regulations 20052In regulation 2(3) of the Employment and Support Allowance (Transitional... SCHEDULE 5Amendments to legislation relating to Housing Benefit and Council Tax BenefitPART 1AMENDMENT OF THE HOUSING BENEFIT REGULATIONS 20061(1) The Housing Benefit Regulations 2006 are amended as follows....PART 2AMENDMENT OF THE COUNCIL TAX BENEFIT REGULATIONS 20062(1) The Council Tax Benefit Regulations 2006 are amended as...PART 3AMENDMENT OF THE HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 20013(1) The Housing Benefit and Council Tax Benefit (Decisions and... 2010 No. 875 Social Security The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 Made 18th March 2010 Laid before Parliament 29th March 2010 Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992, section 79(4) of the Social Security Act 1998, paragraphs 4(4) and (6), 20(1) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, sections 22, 24, 25(2), (3) and (5), 28(2) and 29 of, and paragraph 2 of Schedule 2 and paragraphs 1(1), 3(b), 7(1)(a) and (b), (2) and (3) and 8(1)(a) to (e) of Schedule 4 to, the Welfare Reform Act 2007.

In accordance with section 172(1) of the Social Security Administration Act 1992, the Secretary of State has referred these Regulations to the Social Security Advisory Committee.

In accordance with section 176(1) of the Social Security Administration Act 1992, consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned. 1992 c. 4. Section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1). Section 137(1) is an interpretation provision and is cited for the definition of “prescribed”. Section 175(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 3, paragraph 29. 1998 c. 14. Section 79(4) is applied to the provisions of the Child Support, Pensions and Social Security Act 2000 (c. 19) by Schedule 7, paragraph 20(3) of that Act. 2000 c. 19. Paragraph 23(1) is an interpretation provision and is cited for the definition of “prescribed”. 2007 c. 5. Section 24 is cited because of the meaning it gives to “prescribed” and “regulations”. 1992 c. 5.