text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 and shall come into force on 1st October 2008.
2
In these Regulations —
“ the Act ” means the Social Security (Recovery of Benefits) Act 1997;
“compensator” means a person making a compensation payment;
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department for Work and Pensions at Durham House, Washington, Tyne and Wear, NE38 7SF;
“lump sum payments” are payments to which section 1A(2) of the Act applies, except in relation to regulation 18(1)(b);
“recoverable benefits” has the same meaning as in section 1(4)(c) of the Act;
“recoverable lump sum payments” means any lump sum payments which are recoverable by virtue of regulation 4.
Application of the Act
2
1
The provisions of the Act specified in paragraph (2) apply for the purposes of these Regulations with the modifications, where appropriate, prescribed in Schedule 1.
2
The specified provisions are —
a
section 1(3) (cases in which this Act applies);
b
sections 10 to 14 (reviews and appeals);
c
sections 15 and 17 (courts);
d
sections 18 and 19 (reduction of compensation: complex cases);
e
sections 20 to 23 (miscellaneous);
f
sections 26 and 27 (provisions relating to Northern Ireland);
g
sections 28 to 31 (general);
h
section 33 (consequential amendments and repeals);
i
section 34(1) and (3) (short title and extent);
j
Schedule 1 (compensation payments – exempted payments and power to disregard small payments).
Consequential amendments
3
The consequential amendments set out in Schedule 2 apply for the purposes of these Regulations.
Recovery of lump sum payments
4
1
The Secretary of State may recover the amount of a payment to which section 1A(2) of the Act applies (“a lump sum payment”) where —
a
a compensation payment in consequence of a disease is made to or in respect of —
i
a person (“P”); or
ii
a dependant of P,
to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made; and
b
the compensation payment is made in consequence of the same disease as the lump sum payment.
2
In paragraph (1), references to a payment made in consequence of a disease —
a
are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease; but
b
do not include references to a payment mentioned in Part 1 of Schedule 1 to the Act.
Application of these Regulations to a dependant of P
5
1
Subject to paragraph (2), in these Regulations and any provision of the Act as modified any reference to P is to be construed as if it included a reference to a dependant of P where that dependant is the person to whom, or in respect of whom, a lump sum payment is made.
2
Paragraph (1) does not apply in relation to regulations 4, 10(7) and 12(7) and sections 15 and 23(2) of, and paragraphs 3(a) and 5(1) of Part 1 of Schedule 1 to, the Act.
Compensation payments to which these Regulations apply
6
These Regulations apply in relation to compensation payments made on or after the day on which section 54 of the Child Maintenance and Other Payments Act 2008 comes into force.
Exempted trusts and payments
7
1
The following trusts are prescribed for the purposes of paragraph 4 of Schedule 1 to the Act —
a
the Macfarlane Trust established on 10th March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress among those suffering from haemophilia;
b
the Macfarlane (Special Payments) Trust established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
c
the Macfarlane (Special Payments) ( No. 2) Trust established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
d
the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State, for the benefit of persons eligible for payment in accordance with its provisions;
e
a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for interim payments in accordance with its provisions;
f
a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments, other than interim payments, in accordance with its provisions.
2
The following payments are prescribed for the purposes of paragraph 8 of Schedule 1 to the Act —
a
any payment made under the Vaccine Damage Payments Act 1979 to or in respect of P;
b
any award of compensation made to or in respect of P under the Criminal Injuries Compensation Act 1995 or by the Criminal Injuries Compensation Board under the Criminal Injuries Compensation Scheme 1990 or any earlier scheme or under the Criminal Injuries Compensation (Northern Ireland) Order 2002 ;
c
any payment made to P in respect of sensorineural hearing loss where the loss is less than 50 decibels in one or both ears;
d
any contractual amount paid to P by an employer of P in respect of a period of incapacity for work;
e
any payment made under the National Health Service (Injury Benefits) Regulations 1995 , the National Health Service (Scotland) (Injury Benefits) Regulations 1998 or the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 ;
f
any payment made by or on behalf of the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by the Secretary of State on 24th April 1992 or, in Scotland, on 10th April 1992;
g
any payment made from the Skipton Fund, the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;
h
any payment made from the London Bombings Relief Charitable Fund, the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.
PART 2 Certificates
Applications for certificates
8
1
Before making a compensation payment the compensator must apply to the Secretary of State for a certificate.
2
Where the compensator applies for a certificate, the Secretary of State must —
a
send to the compensator a written acknowledgment of receipt of the application; and
b
issue the certificate before the end of the period of 4 weeks.
3
An application for a certificate is to be treated for the purposes of the Act as received by the Secretary of State on the day on which it is received by the Compensation Recovery Unit, or if the application is received after normal business hours, or on a day which is not a normal business day at that office, on the next such day.
Information contained in certificates
9
1
Subject to paragraph (2), a certificate must specify —
a
the amounts;
b
which of the type of payments referred to in section 1A(2) of the Act applies; and
c
the dates,
of any lump sum payments which have been, or are likely to have been paid.
2
Where the type of payment is an extra-statutory payment the certificate may specify that type of payment as if it were a payment to which section 1A(2)(a) applies.
3
The Secretary of State may estimate, in such manner as the Secretary of State thinks fit the amount of the lump sum payments specified in the certificate.
4
Where the Secretary of State issues a certificate, the information contained in that certificate must be provided to —
a
the person who appears to the Secretary of State to be P; or
b
any person who the Secretary of State thinks will receive a compensation payment in respect of P.
5
A person to whom a certificate is issued or who is provided with information under paragraph (3) is entitled to particulars of the manner in which any amount, type of payment or date specified in the certificate has been determined, if that person applies to the Secretary of State for those particulars.
PART 3 Liability of person paying compensation
Liability to pay Secretary of State amount of lump sum payments
10
1
A person who makes a compensation payment in any case is liable to pay the Secretary of State an amount equal to the total amount of —
a
in a case to which paragraph (2) applies, the recoverable lump sum payments; or
b
in a case to which paragraph (3) applies, the compensation payment.
2
Paragraph (1)(a) applies to a case where —
a
the compensation payment is equal to, or more than, any recoverable lump sum payments; or
b
a dependant is a beneficiary of part of a compensation payment made in respect of P, that part of the compensation payment is equal to, or more than, any recoverable lump sum payments which have been made to that dependant.
3
Paragraph 1(b) applies to a case where —
a
the compensation payment; or
b
a dependant is a beneficiary of part of a compensation payment made in respect of P, and recoverable lump sum payments have been made to that dependant, the share of the compensation payment,
is less than the lump sum payments.
4
The liability referred to in paragraph (1) arises —
a
immediately before the compensation payment or, if there is more than one, the first of them is made;
b
prior to any liability to pay the Secretary of State an amount equal to the total amount of the recoverable benefits payable under section 6 of the Act.
5
No amount becomes payable under this regulation before the end of the period of 14 days following the day on which the liability arises.
6
Subject to paragraph (4), an amount becomes payable under this regulation at the end of the period of 14 days beginning with the day on which a certificate is first issued showing that the amount of recoverable lump sum payment to which it relates has been or is likely to have been paid.
7
In the case of a lump sum payment which has been made to a dependant of P, this regulation applies only to the extent to which the compensator is making any payment —
a
i
under the Fatal Accidents Act 1976 ;
ii
to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976 ; or
iii
under the Fatal Accidents (Northern Ireland) Order 1977 ,
to that dependant; or
b
in respect of P, and that dependant is an intended beneficiary of part or all of that payment.
Recovery of payment due under regulation 10
11
1
This regulation applies where a compensator has made a compensation payment but —
a
has not applied for a certificate; or
b
has not made a payment to the Secretary of State under regulation 10 before the end of the period allowed under that regulation.
2
The Secretary of State may —
a
issue the compensator who made the compensation payment with a certificate, if none has been issued; or
b
issue that compensator with a copy of the certificate or (if more than one has been issued) the most recent one,
and (in either case) issue that compensator with a demand that payment of any amount due under regulation 10 be made immediately.
3
The Secretary of State may, in accordance with paragraphs (4) and (5), recover the amount for which a demand for payment is made under paragraph (2) from the compensator who made the compensation payment.
4
If the compensator who made the compensation payment resides or carries on business in England and Wales and a county court so orders, any amount recoverable under paragraph (3) is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
5
If the compensator who made the payment resides or carries on business in Scotland, any amount recoverable under paragraph (3) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
6
A document bearing a certificate which —
a
is signed by a person authorised to do so by the Secretary of State; and
b
states that the document, apart from the certificate, is a record of the amount recoverable under paragraph (3),
is conclusive evidence that that amount is so recoverable.
7
A certificate under paragraph (6) purporting to be signed by a person authorised to do so by the Secretary of State is to be treated as so signed unless the contrary is proved.
PART 4 Reduction of compensation payment
Reduction of compensation payment
12
1
This regulation applies in a case where, in relation to any compensation payment in consequence of a disease made to, or in respect of P, a lump sum payment has been, or is likely to be made to, or in respect of P.
2
In such a case, any claim of a person to receive the compensation payment is to be treated for all purposes as discharged if —
a
that person is paid the amount (if any) of the compensation payment calculated in accordance with this regulation; and
b
if the amount of the compensation payment so calculated is nil, that person is given a statement saying so by the compensator who (apart from this regulation) would have paid the gross amount of the compensation payment.
3
For an award of compensation for which paragraph (1) is satisfied, so much of the gross amount of the compensation payment as is equal to the amount of the lump sum payment is to be reduced (to nil, if necessary) by deducting the amount of the recoverable lump sum payment.
4
Paragraph (3) is to have effect as if a requirement to reduce a payment by deducting an amount which exceeds that payment were a requirement to reduce that payment to nil.
5
The amount of the compensation payment calculated in accordance with this regulation is —
a
the gross amount of the compensation payment;
less
b
the reductions made under paragraph (3),
(and, accordingly, the amount may be nil).
6
The reduction specified in paragraph (3) is to be attributed to the heads of compensation in the following order —
a
damages for non-pecuniary loss;
b
damages for pecuniary loss,
and, the reduction is to be made before any reduction in respect of recoverable benefits under section 8 of the Act.
7
Where the lump sum payment has been made to a dependant of P, the reduction specified in paragraph (3) may be attributed —
a
to any damages awarded to that dependant —
i
under the Fatal Accidents Act 1976;
ii
to the extent that they are made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976; or
iii
under the Fatal Accidents (Northern Ireland) Order 1977,
other than those paid for funeral expenses;
b
to any part of a compensation payment paid in respect of P, where that dependant is an intended beneficiary of part or all of that compensation.
Regulation 12: supplementary
13
1
A compensator who makes a compensation payment calculated in accordance with regulation 12 must inform the person to whom the payment is made —
a
that the payment has been so calculated; and
b
of the date for payment by reference to which the calculation has been made.
2
If the amount of a compensation payment calculated in accordance with regulation 12 is nil, a compensator giving a statement saying so is to be treated for the purposes of these Regulations as making a payment within regulation 4(1)(a) on the day on which the statement is given.
3
Where a compensator —
a
makes a compensation payment calculated in accordance with regulation 12; and
b
if the amount of the compensation payment so calculated is nil, gives a statement saying so,
the compensator is to be treated, for the purpose of determining any rights and liabilities in respect of contribution or indemnity, as having paid the gross amount of the compensation payment.
4
For the purposes of these Regulations —
a
the gross amount of the compensation payment is the amount of the compensation payment apart from regulation 12; and
b
the amount of any recoverable lump sum payment is the amount determined in accordance with the certificate.
Reduction of compensation: complex cases
14
1
This regulation applies where —
a
a compensation payment in the form of a lump sum (an “earlier payment”) has been made to or in respect of P; and
b
subsequently another such payment (a “later payment”) is made to or in respect of the same P in consequence of the same disease.
2
In determining the liability under regulation 10(1) arising in connection with the making of the later payment, the amount referred to in that regulation is to be reduced by any amount paid in satisfaction of that liability as it arose in connection with the earlier payment.
3
Where —
a
a payment made in satisfaction of the liability under regulation 10(1) arising in connection with an earlier payment is not reflected in the certificate in force at the time of a later payment; and
b
in consequence, the aggregate of payments made in satisfaction of the liability exceeds what it would have been had that payment been so reflected,
the Secretary of State is to pay the compensator who made the later payment an amount equal to the excess.
4
Where —
a
a compensator receives a payment under paragraph (3); and
b
the amount of the compensation payment made by that compensator was calculated under regulation 12,
then the compensation payment is to be recalculated under regulation 12, and the compensator must pay the amount of the increase (if any) to the person to whom the compensation payment was made.
5
Where both the earlier payment and the later payment are made by the same compensator, that compensator may —
a
aggregate the gross amounts of the payments made;
b
calculate what would have been the reduction made under regulation 12(3) if that aggregate amount had been paid at the date of the last payment on the basis that —
i
the aggregate amount is to be taken to be the gross amount; and
ii
the amount of any recoverable lump sum payment is to be taken to be the amount determined in accordance with the most recent certificate;
c
deduct from that reduction calculated under sub-paragraph (b) the amount of the reduction under regulation 12(3) from any earlier payment; and
d
deduct from the latest gross payment the net reduction calculated under sub-paragraph (c) (and accordingly the latest payment may be nil).
6
Where a refund is made under paragraph (3), the Secretary of State is to send the compensator (with the refund) and the person to whom the compensation payment was made a statement showing —
a
the total amount that has already been paid by that compensator to the Secretary of State;
b
the amount that ought to have been paid by that compensator; and
c
the amount to be repaid to that compensator by the Secretary of State.
7
Where the reduction of a compensation payment is recalculated by virtue of paragraph (4) or (5) the compensator must give notice of the calculation to P.
PART 5 Miscellaneous
Information to be provided by the compensator
15
The following information is prescribed for the purposes of sections 21(3)(a) and 23(1) of the Act —
a
the full name and address of P;
b
where known, the date of birth or national insurance number of P, or both if both are known; and
c
the nature of the disease.
Information to be provided by P
16
The following information is prescribed for the purposes of section 23(2) of the Act —
a
whether P has claimed or may claim a compensation payment, and if so, the full name and address of the person against whom the claim was or may be made;
b
the amount of any compensation payment and the date on which it was made;
c
the amount of the lump sum payment claimed, the type of that payment and the date on which it was paid.
Provision of information
17
A person required to give information to the Secretary of State under regulation 15 or 16 is to do so by sending it to the Compensation Recovery Unit not later than 14 days after —
a
where the person is one to whom regulation 15 applies, the date on which the compensator receives a claim for compensation from P in respect of the disease;
b
where the person is one to whom regulation 16 applies, the date on which the Secretary of State requests the information from P.
Periodical payments
18
1
This regulation applies where in final settlement of P’s claim, an agreement is entered into —
a
for the making of periodical payments (whether of an income or capital nature); or
b
for the making of such payments and lump sum payments,
and, those payments would fall to be treated for the purposes of the Act as compensation payments.
2
Where this regulation applies —
a
the compensator in question is to be taken to have made a single compensation payment on the day of settlement;
b
the total of the payments due to be made under the agreement referred to in paragraph (1) are to be taken to be a compensation payment for the purposes of the Act; and
c
that single compensation payment is a payment from which lump sum payments may be recovered under these Regulations.
3
In any case where —
a
the person making the periodical payments (“the secondary party”) does so in pursuance of arrangements entered into with another (“the primary party”) (as in a case where the primary party purchases an annuity for P from the secondary party); and
b
apart from those arrangements, the primary party would have been regarded as the compensator,
then for the purposes of the Act, the primary party is to be regarded as the compensator and the secondary party is not to be so regarded.
4
In this regulation —
“the day of settlement” means —
if the agreement referred to in paragraph (1) is approved by a court, the day on which that approval is given; and
in any other case, the day on which the agreement is entered into;
“a single compensation payment” means the total amount of the payments due to be made under the agreement referred to in paragraph (1).
Adjustments
19
1
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (2) of section 14 of the Act are satisfied, the Secretary of State is to pay the difference between the amount that has been paid and the amount that ought to have been paid to the compensator.
2
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (3) of section 14 of the Act are satisfied, the compensator is to pay the difference between the amount that has been paid and the amount that ought to have been paid to the Secretary of State.
3
Where the Secretary of State is making a refund under paragraph (1), or demanding a payment of a further amount under paragraph (2), the Secretary of State is to send to the compensator (with the refund or demand) and to the person to whom the compensation payment was made a statement showing —
a
the total amount that has already been paid to the Secretary of State;
b
the amount that ought to have been paid; and
c
the difference, and whether a repayment by the Secretary of State or a further payment by the compensator to the Secretary of State is required.
4
This paragraph applies where —
a
the amount of the compensation payment by the compensator was calculated under regulation 12; and
b
the Secretary of State has made a payment under paragraph (1).
5
Where paragraph (4) applies, the amount of the compensation payment is to be recalculated under regulation 12 to take account of the fresh certificate and the compensator must pay the amount of the increase (if any) to the person to whom the compensation payment was made.
6
This paragraph applies where —
a
the amount of the compensation payment made by the compensator was calculated under regulation 12;
b
the compensator has made a payment under paragraph (2); and
c
the fresh certificate issued after the review or appeal was required as a result of P or such other person to whom the compensation payment was made supplying to the compensator information, knowing it to be incorrect or insufficient, with the intent of enhancing the compensation payment calculated under regulation 12, and the compensator supplying that information to the Secretary of State without knowing it to be incorrect or insufficient.
7
Where paragraph (6) applies, the compensator may recalculate the compensation payment under regulation 12 to take account of the fresh certificate and may require the repayment of the difference (if any) between the payment made and the payment as so recalculated by the person to whom the compensator made the compensation payment.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th June 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parliamentary Commissioner Order 2008 and comes into force on 13th February 2009.
2
In this Order “ the Act ” means the Parliamentary Commissioner Act 1967.
Amendment to Schedule 2 to the Act
2
For Schedule 2 to the Act (Departments etc. subject to investigation), substitute the Schedule set out in the Schedule to this Order.
Amendment to Schedule 3 to the Act
3
In paragraph 8(1) of Schedule 3 to the Act —
1
omit the following —
a
“the Minister of Health or”,
b
“a Health Authority”, and
c
all of the words from “except” to the end.
2
after the word “Trust,” insert the word “or”.
4
In paragraph 8(2) of Schedule 3 to the Act , between the words “Strategic Health Authority” and “Special Health Authority”, omit the words “Health Authority”.
Amendment to Schedule 4 to the Act
5
In Schedule 4 to the Act , omit the entry relating to the Mental Health Tribunal for Wales constituted under section 65 of, and Schedule 2 to, the Mental Health Act 1983.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) Regulations 2008 and shall come into force on 27th October 2008.
PART 2 Common provisions
Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
2
In paragraph 5(2) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (transitional and savings provisions), in the paragraph inserted as paragraph (4) of regulation 13 of both the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after sub-paragraph (c) insert —
ca
has limited capability for work in accordance with section 8 of the Welfare Reform Act 2007; or
cb
is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3
In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect) —
a
in paragraph (14), at the beginning insert “Subject to paragraph (17),”; and
b
after paragraph (15) insert —
16
Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that the claimant has a non-dependant who has become entitled to main phase employment and support allowance, the superseding decision shall take effect from the date of the decision awarding main phase employment and support allowance to the non-dependant.
17
Where the decision is superseded under regulation 7(2)(i) on the basis that the claimant or the claimant’s partner is entitled to main phase employment and support allowance, the decision shall take effect from the day on which entitlement arose if it is the first day of a benefit week or, if it is not, from the first day of the next following benefit week.
18
For the purposes of paragraphs (16) and (17) —
a
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007;”; and
b
“non-dependant” has the meaning prescribed in regulation 3 of the Housing Benefit Regulations.
.
PART 3 The Housing Benefit Regulations 2006
General
4
The Housing Benefit Regulations 2006 are amended in accordance with this Part.
Amendment of regulation 2
5
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “appropriate DWP office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act ”;
c
after the definition of “the Consequential Provisions Regulations” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
;
d
after the definition of “employed earner” insert —
“ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008 ;
;
e
after the definition of “an income-based jobseeker’s allowance” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
;
f
after the definition of “the Macfarlane Trust” insert —
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
;
g
in the definition of “qualifying contributory benefit” after sub-paragraph (b) add —
c
contributory employment and support allowance;
;
h
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add —
c
income-related employment and support allowance;
;
i
after the definition of “water charges” insert —
“Welfare Reform Act” means the Welfare Reform Act 2007;
.
3
After paragraph (3) insert —
3A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
.
Amendment of regulation 5
6
In regulation 5(1)(b) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker’s allowance” substitute “, on an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 6
7
In regulation 6(6) (remunerative work) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 10
8
In regulation 10(3B)(k) (persons from abroad) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 11
9
In regulation 11 (eligible housing costs) —
a
in paragraph (2) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance” ; and
b
in paragraph (4) for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 19
10
In regulation 19(2)(a) (persons of prescribed description) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 22
11
In regulation 22 (applicable amounts) after sub-paragraph (d) add —
e
the amount of either the —
i
work-related activity component; or
ii
the support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).
.
Amendment of regulation 23
12
In regulation 23 (polygamous marriages) after sub-paragraph (e) add —
f
the amount of either the —
i
work-related activity component; or
ii
the support component,
which may be applicable to him in accordance with Part 5 of Schedule 3 (the components).
.
Amendment of regulation 26
13
In regulation 26(1) (circumstances in which income of non-dependant is to be treated as claimant’s) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 28
14
In regulation 28 (treatment of child care charges) —
a
in paragraph (2) —
i
after sub-paragraph (b) insert —
ba
is paid an employment and support allowance;
and
ii
in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work”;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “, an employment and support allowance”;
c
in paragraph (11) —
i
in sub-paragraph (a) after “incapacity” add “or the support component or the work-related activity component on account of the other member having limited capability for work”;
ii
after sub-paragraph (b) insert —
ba
the claimant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
;
iii
after sub-paragraph (c) insert —
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
; and
iv
in sub-paragraph (d) after (vi) add —
vii
main phase employment and support allowance;
; and
d
after paragraph (12) insert —
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
.
Amendment of regulation 40
15
In regulation 40 (calculation of income other than earnings) after paragraph (5) insert —
5A
Where the claimant or, where the claimant is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations the amount of that benefit to be taken into account is the amount as if it had not been reduced.
.
Amendment of regulation 50
16
In regulation 50 (diminishing notional capital rule) —
a
in paragraph (3) —
i
at the end of paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add —
and
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
;
b
in paragraph (4) after sub-paragraph (d) add —
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
; and
c
in paragraph (8)(b) —
i
for “and (d)” substitute “, (d) and (e)”; and
ii
in paragraph (i) after “income support” insert “, an income-related employment and support allowance”.
Amendment of regulation 56
17
In regulation 56(2) (full-time students to be treated as not liable to make payments in respect of a dwelling) —
a
in sub-paragraph (a) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
after sub-paragraph (e) insert —
ea
who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
.
Amendment of regulation 74
18
In regulation 74(8) (non-dependant deductions) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)”.
Amendment of regulation 83
19
In regulation 83 (time and manner in which claims are to be made) —
a
in paragraph (4) —
i
in sub-paragraph (a) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
ii
in sub-paragraph (c) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in paragraph (5) —
i
in sub-paragraph (a) —
aa
for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
bb
for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and
cc
omit “ and for the purposes of” to the end; and
ii
in sub-paragraph (b) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
c
after paragraph (5) insert —
5A
For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under —
a
in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or
b
in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).
.
Amendment of regulation 88
20
In regulation 88(3)(d) (duty to notify changes of circumstances) —
a
for “or income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 95
21
In regulation 95(1)(a) (circumstances in which payment is to be made to a landlord) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.
Amendment of regulation 105
22
In regulation 105(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add —
f
an employment and support allowance.
.
Amendment of Schedule 3
23
In Schedule 3 (applicable amounts) —
a
in Part 1 (personal allowances) for sub-paragraphs (1) to (3) of paragraph 1 substitute —
Column (1)
Person or couple
Column (2)
Amount
(1) A single claimant who — (1) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 25; (b) £60.50; (c) is aged less than 25. (c) £47.95. (2) Lone parent who — (2) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 18; or (b) £60.50; (c) is aged less than 18. (c) £47.95. (3) Couple where — (3) (a) the claimant is entitled to main phase employment and support allowance; (a) £94.95; (b) at least one member is aged not less than 18; (b) £94.95; (c) both members are aged less than 18. (c) £72.35.
b
in Part 3 (premiums) after sub-paragraph (8) of paragraph 13 (additional conditions for the Disability Premium) add —
9
The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act.
;
c
in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute —
1
Subject to sub-paragraph (2), the condition is that —
a
the claimant’s applicable amount includes the support component under paragraph 24; or
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of —
i
the claimant; or
ii
a member of the claimant’s family,
who is aged less than 60.
.
d
after Part 4 (amounts of premiums specified in Part 3) add —
PART 5 The components
21
Subject to paragraph 22 the claimant is entitled to one, but not both, of the following components if the claimant, or the claimant’s partner satisfies the conditions in paragraph 23 or 24.
22
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
The work-related activity component
23
The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or, where the claimant is a member of a couple, the claimant’s partner has limited capability for work in accordance with section 8 of the Welfare Reform Act.
The support component
24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or, where the claimant is a member of a couple, the claimant’s partner has limited capability for work-related activity in accordance with section 9 of that Act.
PART 6 Amount of components
25
The amount of the work-related activity component is £24.00.
26
The amount of the support component is £29.00.
.
Amendment of Schedule 4
24
In Schedule 4 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 3(2) for “or severe disability premium” substitute “, severe disability premium, work-related activity component or support component”;
b
in paragraph 12 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”
c
in paragraph 17(2)(b)(iv) —
i
for paragraph (aa) substitute —
aa
the claimant’s applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 3 respectively;
and
ii
in paragraph (bb) for “or disability premium” substitute “, a disability premium, the work-related activity component or the support component”.
Amendment of Schedule 5
25
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 4 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
in paragraph 7 after sub-paragraph (c) add —
d
an income-related employment and support allowance.
.
Amendment of Schedule 6
26
In Schedule 6 (capital to be disregarded) —
a
in paragraph 5 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
in paragraph 9(1) after sub-paragraph (e) add —
f
an income-related employment and support allowance,
.
Amendment of Schedule 9
27
In Schedule 9 (matters to be included in decision notice) —
a
in paragraph 9 —
i
in the heading, for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance, an income-related employment and support allowance”; and
ii
for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
b
in paragraph 10 —
i
in the heading for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
ii
for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”; and
c
in paragraph 14(a)(ii) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
PART 4 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
General
28
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended in accordance with this Part.
Amendment of regulation 2
29
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “appropriate DWP office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in the definition of “the benefit Acts” after “the Jobseekers Act” insert “, the Welfare Reform Act”;
c
after the definition of “employed earner” insert —
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
;
d
after the definition of “an income-based jobseeker’s allowance” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
;
e
after the definition of “the Macfarlane Trust” insert —
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
;
f
in the definition of “qualifying contributory benefit” after sub-paragraph (b) add —
c
contributory employment and support allowance;
;
g
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add —
c
income-related employment and support allowance;
;
h
after the definition of “water charges” insert —
“Welfare Reform Act” means the Welfare Reform Act 2007;
.
3
After paragraph (3) insert —
3A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
.
Amendment of regulation 5
30
In regulation 5(2) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 6
31
In regulation 6(6) (remunerative work) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 19
32
In regulation 19(2)(a) (persons of prescribed description) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 29
33
In regulation 29(4) (meaning of “income”) after sub-paragraph (c) add —
d
section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances).
.
Amendment of regulation 31
34
In regulation 31 (treatment of child care charges) —
a
in paragraph (2) —
i
after sub-paragraph (b) insert —
ba
is paid an employment and support allowance;
and
ii
in sub-paragraph (d) after “incapacity for work” insert “or limited capability for work”;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “, an employment and support allowance”;
c
in paragraph (11) —
i
after sub-paragraph (b) insert —
ba
the claimant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
;
ii
after sub-paragraph (c) insert —
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
;
iii
in sub-paragraph (d) after (vi) add —
vii
main phase employment and support allowance;
; and
d
after paragraph (12) insert —
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
.
Amendment of regulation 48
35
In regulation 48 (diminishing notional capital rule) —
a
in paragraph (3) after sub-paragraph (d) add —
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
;
b
in paragraph (4) after sub-paragraph (d) add —
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
; and
c
in paragraph (8)(a) —
i
for “and (d)” substitute “, (d) and (e)”; and
ii
in paragraph (i) after “state pension credit” insert “, an income-related employment and support allowance”.
Amendment of regulation 54
36
In regulation 54 (continuing payments where state pension credit claimed) —
a
in paragraph (1)(c)(i) after “income-based jobseeker’s allowance” insert “or income-related employment and support allowance”;
b
in paragraph (2)(a)(ii) after “jobseeker’s allowance” insert “or income-related employment and support allowance ;
c
in paragraph (3) after “income support” insert “, income-related employment and support allowance ”.
Amendment of regulation 55
37
In regulation 55(8) (non-dependant deductions) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)”.
Amendment of regulation 64
38
In regulation 64(5) (time and manner in which claims are to be made) —
a
in sub-paragraph (a) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”; and
b
in sub-paragraph (c) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
Amendment of regulation 86
39
In regulation 86(1) (recovery of overpayments from prescribed benefits) after sub-paragraph (e) add —
f
an employment and support allowance.
.
Amendment of Schedule 4
40
In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant’s earnings) —
a
in paragraph (v), at the end, omit “or”; and
b
after paragraph (vi) add —
vii
main phase employment and support allowance; or
.
Amendment of Schedule 6
41
In Schedule 6 (capital to be disregarded) —
a
in paragraph 21(2) —
i
in paragraph (k) omit “or”; and
ii
after sub-paragraph (1) add —
or
m
income-related employment and support allowance.
; and
b
in paragraph 22(2) after sub-paragraph (d) add —
e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,
.
PART 5 Council Tax Benefit Regulations 2006
General
42
The Council Tax Benefit Regulations 2006 are amended in accordance with this Part.
Amendment of regulation 2
43
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “appropriate DWP office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in the definition of “the benefit Acts” for “and the Jobseekers Act” substitute “, the Jobseekers Act and the Welfare Reform Act”;
c
after the definition of “the Consequential Provisions Regulations” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
;
d
after the definition of “employed earner” insert —
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
;
e
after the definition of “an income-based jobseeker’s allowance” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
;
f
after the definition of “the Macfarlane Trust” insert —
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
;
g
in the definition of “qualifying contributory benefit” after sub-paragraph (b) add —
c
contributory employment and support allowance;
;
h
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add —
c
income-related employment and support allowance;
;
i
after the definition of “water charges” insert —
“Welfare Reform Act” means the Welfare Reform Act 2007;
.
3
After paragraph (4) insert —
4A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
.
Amendment of regulation 5
44
In regulation 5(1)(b) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker’s allowance” substitute “, on an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 6
45
In regulation 6(6) (remunerative work) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 7
46
In regulation 7(4A)(k) (persons from abroad) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 9
47
In regulation 9(2)(a) (persons of prescribed description) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 12
48
In regulation 12 (applicable amounts) after sub-paragraph (d) add —
e
the amount of either the —
i
work-related activity component; or
ii
the support component
which may be applicable to him in accordance with Part 5 of Schedule 1 (the components).
.
Amendment of regulation 13
49
In regulation 13 (polygamous marriages) after sub-paragraph (e) add —
f
the amount of either the —
i
work-related activity component; or
ii
the support component
which may be applicable to him in accordance with Part 5 of Schedule 1 (the components).
.
Amendment of regulation 16
50
In regulation 16(1) (circumstances in which income of non-dependant is to be treated as claimant’s) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 18
51
In regulation 18 (treatment of child care charges) —
a
in paragraph (2) —
i
after sub-paragraph (b) insert —
ba
is paid an employment and support allowance;
and
ii
in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work”;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “, an employment and support allowance”;
c
in paragraph (11) —
i
in sub-paragraph (a) after “incapacity” add “or the support component or the work-related activity component on account of his having limited capability for work”;
ii
after sub-paragraph (b) insert —
ba
the claimant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
;
iii
after sub-paragraph (c) insert —
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
; and
iv
in sub-paragraph (d) after (vi) add —
vii
main phase employment and support allowance;
; and
d
after paragraph (12) insert —
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter apply to him for so long as he has, or is treated as having, limited capability for work.
.
Amendment of regulation 30
52
In regulation 30 (calculation of income other than earning) after paragraph (5) insert —
5A
Where the claimant or, where he is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations, the amount of that benefit to be taken into account is the amount as if it had not been reduced.
.
Amendment of regulation 40
53
In regulation 40 (diminishing notional capital rule) —
a
in paragraph (3) —
i
at the end of sub-paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add —
and
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the whole or part of benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
;
b
in paragraph (4) —
i
at the end of sub-paragraph (c) omit “and”; and
ii
after sub-paragraph (d) add —
and
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
; and
c
in paragraph (8)(a)(iii) —
i
for “and (d)” substitute “, (d) and (e)”; and
ii
in paragraph (aa) after “income support” insert “, an income-related employment and support allowance”.
Amendment of regulation 45
54
In regulation 45(3) (students excluded from entitlement to council tax benefit) —
a
in sub-paragraph (a) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
after sub-paragraph (e) insert —
ea
who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period.
.
Amendment of regulation 58
55
In regulation 58(8)(a) (non-dependant deductions) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance.”.
Amendment of regulation 69
56
In regulation 69 (time and manner in which claims are to be made) —
a
in paragraph (4) —
i
in sub-paragraph (a) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
ii
in sub-paragraph (c) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in paragraph (5) —
i
in sub-paragraph (a) —
aa
for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
bb
for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and
cc
omit “and for the purposes of” to the end; and
ii
in sub-paragraph (b) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
c
after paragraph (5) insert —
5A
For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance must be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under —
a
in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or
b
in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days),
have been entitled to that allowance.
.
Amendment of regulation 74
57
In regulation 74 (duty to notify changes of circumstances) —
a
in paragraph (3)(d) for “or an income-based jobseeker’s allowance” each time it occurs substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
in paragraph (5) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 90
58
In regulation 90(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add —
e
an employment and support allowance.
.
Amendment of Schedule 1
59
In Schedule 1 (applicable amounts) —
a
in Part 1 (personal allowances) for sub-paragraph 1(1) substitute —
(1) A single claimant who — (1) (a) is entitled to main phase employment and support allowance; (a) £60.50; (b) is aged not less than 25; (b) £60.50; (c) is aged not less than 18 but less than 25. (c) £47.95.
b
in Part 3 (premiums) after sub-paragraph (9) of paragraph 13 (additional conditions for the Disability Premium) add —
10
The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act.
;
c
in paragraph 15 (enhanced disability premium) for sub-paragraph (1) substitute —
1
Subject to sub-paragraph (2), the condition is that —
a
the claimant’s applicable amount includes the support component under paragraph 24; or
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of —
i
the claimant; or
ii
a member of the claimant’s family,
who is aged less than 60.
.
d
after Part 4 (amount of premiums specified in Part 3) add —
PART 5 The components
21
Subject to paragraph 22 the claimant may be entitled to one, but not both, of the following components if the claimant, or where the claimant is a member of a couple, the claimant’s partner satisfies the conditions in paragraph 23 or 24.
22
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
The work-related activity component
23
The claimant is entitled to the work-related activity component if the Secretary of State has decided that the claimant or, where the claimant is a member of a couple, the claimant’s partner has limited capability for work in accordance with section 8 of the Welfare Reform Act.
The support component
24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or, where the claimant is a member of a couple, the claimant’s partner has limited capability for work-related activity in accordance with section 9 of that Act.
PART 6 Amount of components
25
The amount of the work-related activity component is £24.00.
26
The amount of the support component is £29.00.
Amendment of Schedule 2
60
In the table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) in column 1 —
a
in sub-paragraph (a) after “income support” insert “, an income-related employment and support allowance”;
b
in sub-paragraph (b) after “income support” insert “, an income-related employment and support allowance”; and
c
in sub-paragraph (c) after “state pension credit” insert “, an income-related employment and support allowance”.
Amendment of Schedule 3
61
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 3(2) for “or severe disability premium” substitute “, severe disability premium, work-related activity component or support component”;
b
in paragraph 12 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
c
in paragraph 16(2)(b)(iv) —
i
for paragraph (aa) substitute —
aa
the claimant’s applicable amount includes a disability premium under paragraph 12, the work-related activity component under paragraph 23 or the support component under paragraph 24 of Schedule 1 respectively;
; and
ii
in sub-paragraph (bb) after “disability premium” insert “or either of the components”.
Amendment of Schedule 4
62
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 4 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
in paragraph 8 after sub-paragraph (c) add —
d
an income-related employment and support allowance.
.
Amendment of Schedule 5
63
In Schedule 5 (capital to be disregarded) —
a
in paragraph 5 for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
b
in paragraph 9(1) after sub-paragraph (e) add —
f
an income-related employment and support allowance,
.
Amendment of Schedule 8
64
In Schedule 8 (matters to be included in decision notice) —
a
in paragraph 9 —
i
in the heading for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
ii
for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
b
in paragraph 10 —
i
in the heading for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and
ii
for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”;
c
in paragraph 12(a)(ii) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”; and
d
in paragraph 13(e) after “income support” insert “, an income-related employment and support allowance”.
PART 6 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
General
65
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended in accordance with this Part.
Amendment of regulation 2
66
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “appropriate DWP office” for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
b
in the definition of “the benefit Acts” after “the Jobseekers Act” insert “, the Welfare Reform Act”;
c
after the definition of “the Consequential Provisions Regulations” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
;
d
after the definition of “employed earner” insert —
“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
;
e
after the definition of “an income-based jobseeker’s allowance” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
;
f
after the definition of “the Macfarlane Trust” insert —
“main phase employment and support allowance” means an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
;
g
in the definition of “qualifying income-related benefit” after sub-paragraph (b) add —
c
income-related employment and support allowance;
;
h
after the definition of “water charges” insert —
“Welfare Reform Act” means the Welfare Reform Act 2007;
.
3
After paragraph (4) insert —
4A
For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
.
Amendment of regulation 5
67
In regulation 5(2) (persons who have attained the qualifying age for state pension credit) for “or on an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or on an income-related employment and support allowance”.
Amendment of regulation 6
68
In regulation 6(6) (remunerative work) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 9
69
In regulation 9(2)(a) (persons of prescribed description) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 19
70
In regulation 19(5) (meaning of “income”) after sub-paragraph (c) add —
d
section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances) and regulations made under it.
.
Amendment of regulation 21
71
In regulation 21 (treatment of child care charges) —
a
in paragraph (2) —
i
after sub-paragraph (b) insert —
ba
is paid an employment and support allowance;
and
ii
in sub-paragraph (d) after “incapacity for work” insert “ or limited capability for work”;
b
in paragraph (3)(a) after “short-term incapacity benefit” insert “, an employment and support allowance”;
c
in paragraph (11) —
i
after sub-paragraph (b) —
ba
the claimant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;
;
ii
after sub-paragraph (c) insert —
ca
the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days ; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
;
iii
in sub-paragraph (d) after (vi) add —
vii
main phase employment and support allowance;
;
d
after paragraph (12) insert —
12A
For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
.
Amendment of regulation 38
72
In regulation 38 (diminishing notional capital rule) —
a
in paragraph (3) after sub-paragraph (d) add —
e
where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).
;
b
in paragraph (4) after sub-paragraph (d) add —
e
if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.
; and
c
in paragraph (8)(b) —
i
for “and (d)” substitute “, (d) and (e)”; and
ii
in paragraph (i) after “state pension credit” insert “, an income-related employment and support allowance”.
Amendment to regulation 42
73
In regulation 42(8)(a) (non-dependant deductions) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 45
74
In regulation 45 (continuing payments where state pension credit is claimed) —
a
in paragraph (1)(c)(i) after “income-based jobseeker’s allowance” insert “ or income-related employment and support allowance”;
b
in paragraph (2)(a)(ii) after “income-based jobseeker’s allowance” insert “ or income-related employment and support allowance”;
c
in paragraph (3) after “income-based jobseeker’s allowance” insert “, income-related employment and support allowance”.
Amendment of regulation 53
75
In regulation 53 (time and manner in which claims are to be made) —
a
in paragraph (4) —
i
in sub-paragraph (a) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
ii
in sub-paragraph (c) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”;
Amendment of regulation 59
76
In regulation 59(5) (duty to notify changes of circumstances) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of regulation 75
77
in regulation 75(1) (recovery of excess benefit from prescribed benefits) after sub-paragraph (d) add —
e
an employment and support allowance.
.
Amendment of Schedule 2
78
In paragraph 5(1)(a) of Schedule 2 (sums disregarded from claimant’s earnings) —
a
in paragraph (v), at the end, omit “or”;
b
after paragraph (vi) add —
vii
main phase employment and support allowance; or
.
Amendment of Schedule 4
79
In Schedule 4 (capital to be disregarded) —
a
in paragraph 21(2) —
i
in paragraph (k) omit “or”; and
ii
after sub-paragraph (1) insert —
or
m
income-related employment and support allowance,
;
b
in paragraph 22(2) after sub-paragraph (d) add —
e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,
.
Amendment of Schedule 6
80
In paragraph 1of Schedule 6 (amount of alternative maximum council tax benefit) in paragraph (1) in column 1 of the table —
a
in sub-paragraph (a) after “income support” insert “, income-related employment and support allowance”;
b
in sub-paragraph (b) after “income support,” insert “income-related employment and support allowance,”; and
c
in sub-paragraph (c) after “state pension credit” insert “, an income-related employment and support allowance”.
Amendment of Schedule 7
81
In paragraph 13(e) of Schedule 7 (matters to be included in the decision notice) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Signed by the authority of the Secretary of State for Work and Pensions.
Stephen C Timms
Minister of State,
Department for Work and Pensions
14th April 2008


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Increases in fees
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(a) 87 91 3(b) 87 91 3A 25 26 4(2) 44 46 5(2) 87 91
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008
We consent to the making of these Regulations
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 2008


text:
Citation and commencement
1
This Order may be cited as the S4C (Investment Activities) Approval Order 2008 and comes into force on 2 nd April 2008.
Interpretation
2
In this Order —
“ the Act ” means the Communications Act 2003;
“ the Company ” means the company which is incorporated in England and Wales with registered number 05267418 and which, at the date on which this Order is made, is called Inuk Networks Limited;
“associate” means, in relation to the Company, any subsidiary undertaking or parent undertaking of the Company or any subsidiary undertaking of such parent undertaking from time to time;
“parent undertaking” and “subsidiary undertaking” have the meaning given to them by section 1162, together with Schedule 7, of the Companies Act 2006 .
Approval of investment activities
3
For the purposes of section 206(2) of the Act the activities of —
a
acquiring, holding and turning to account from time to time any interest in the shares, stocks or other securities from time to time of the Company or any associate of the Company;
b
providing loans or any other form of finance to the Company or any associate of the Company;
c
disposing of, or dealing with, any interest in any shares, stocks or securities referred to in sub-paragraph (a) or in loans or the other forms of finance referred in sub-paragraph (b); and
d
entering into, or having the benefit of, any form of agreement, instrument or arrangement in connection with (a), (b) or (c) above
are approved to the extent that such activities are authorised, and authorised only, by section 206(1) of the Act.
Andy Burnham
Secretary of State
Department of Culture, Media and Sport
11th March 2008


text:
Citation, application and commencement
1
These Regulations, which apply in relation to England only, may be cited as the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 and shall come into force on 1st April 2008.
Interpretation
2
In these Regulations —
“qualifying industrial hereditament” means any hereditament other than a retail hereditament in relation to which all buildings comprised in the hereditament are —
constructed or adapted for use in the course of a trade or business; and
constructed or adapted for use for one or more of the following purposes, or one or more such purposes and one or more purposes ancillary thereto —
the manufacture, repair or adaptation of goods or materials, or the subjection of goods or materials to any process;
storage (including the storage or handling of goods in the course of their distribution);
the working or processing of minerals; and
the generation of electricity;
“relevant non-domestic hereditament” means any non-domestic hereditament consisting of, or of part of, any building, together with any land ordinarily used or intended for use for the purposes of the building or part;
“retail hereditament” means any hereditament where any building or part of a building comprised in the hereditament is constructed or adapted for the purpose of the retail provision of —
goods, or
services, other than storage for distribution services, where the services are to be provided on or from the hereditament; and
“ the Act ” means the Local Government Finance Act 1988.
Hereditaments prescribed for the purposes of section 45(1)(d) of the Act
3
The class of non-domestic hereditaments prescribed for the purposes of section 45(1)(d) of the Act consists of all relevant non-domestic hereditaments other than those described in regulation 4.
Hereditaments not prescribed for the purposes of section 45(1)(d) of the Act
4
The relevant non-domestic hereditaments described in this regulation are any hereditament —
a
which, subject to regulation 5, has been unoccupied for a continuous period not exceeding three months;
b
which is a qualifying industrial hereditament that, subject to regulation 5, has been unoccupied for a continuous period not exceeding six months;
c
whose owner is prohibited by law from occupying it or allowing it to be occupied;
d
which is kept vacant by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting the occupation of the hereditament or to acquiring it;
e
which is the subject of a building preservation notice within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 or is included in a list compiled under section 1 of that Act;
f
which is included in the Schedule of monuments compiled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 ;
g
whose rateable value is less than £2,200;
h
whose owner is entitled to possession only in his capacity as the personal representative of a deceased person;
i
where, in respect of the owner’s estate, there subsists a bankruptcy order within the meaning of section 381(2) of the Insolvency Act 1986 ;
j
whose owner is entitled to possession of the hereditament in his capacity as trustee under a deed of arrangement to which the Deeds of Arrangement Act 1914 applies;
k
whose owner is a company which is subject to a winding-up order made under the Insolvency Act 1986 or which is being wound up voluntarily under that Act;
l
whose owner is a company in administration within the meaning of paragraph 1 of Schedule B1 to the Insolvency Act 1986 or is subject to an administration order made under the former administration provisions within the meaning of article 3 of the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003 ;
m
whose owner is entitled to possession of the hereditament in his capacity as liquidator by virtue of an order made under section 112 or section 145 of the Insolvency Act 1986.
Continuous occupation
5
A hereditament which has been unoccupied and becomes occupied on any day shall be treated as having been continuously unoccupied for the purposes of regulation 4(a) and (b) if it becomes unoccupied again on the expiration of a period of less than six weeks beginning with that day.
Hereditaments not previously occupied
6
For the purposes of regulation 4(a) and (b), a hereditament which has not previously been occupied shall be treated as becoming unoccupied —
a
on the day determined under paragraph 8 of Schedule 1 to the General Rate Act 1967 , or on the day determined under Schedule 4A to the Act , whichever day first occurs; or
b
where paragraph (a) does not apply, on the day for which the hereditament is first shown in a local rating list.
Revocation and saving
7
1
Subject to paragraph (2), the Non-Domestic Rating (Unoccupied Property) Regulations 1989 are revoked in their application to England.
2
Those Regulations shall continue to apply for the purposes of calculating liability for rates in respect of financial years beginning before 1st April 2008.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th February 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 and comes into force on the day after the day on which it is made.
2
In this Order the “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Amendment to paragraph 24 of Schedule 3
2
1
Paragraph 24 of Schedule 3 (prescribed criteria) to the Act is amended as follows.
2
For paragraph (a) of sub-paragraph (2) substitute —
a
the law of a country or territory outside England and Wales;
3
After sub-paragraph (9) insert —
10
For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless —
a
the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and
b
the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).
Amendment to paragraph 25 of Schedule 3
3
1
Paragraph 25 of Schedule 3 to the Act is amended as follows.
2
The existing words of the paragraph become sub-paragraph (1).
3
After sub-paragraph (1) insert —
2
This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
12th November 2008