text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008.
2
These Regulations shall come into force on 27th October 2008.
3
In these Regulations “the principal Regulations ” means the Employment and Support Allowance Regulations 2008 .
PART 1 General amendments of the principal Regulations
Amendment of the principal Regulations
2
The principal Regulations are amended as provided in this Part and in Part 2 and references in this Part and in Part 2 to a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule of that number in the principal Regulations.
Amendment of Part 1 of the principal Regulations
3
In regulation 2(1) (interpretation) —
a
after the definition of “attendance allowance” insert —
“basic rate” has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
;
b
omit the definitions of “Independent Living (Extension) Fund”, “Independent Living Fund”, “Independent Living (1993) Fund”, “Independent Living Funds” and “starting rate”; and
c
after the definition of “sports award” insert —
“state pension credit” means a state pension credit under the State Pension Credit Act 2002 ;
.
Amendment of Part 3 of the principal Regulations
4
In regulation 9 (condition relating to youth – claimants aged 20 or over but under 25) after paragraph (5) add —
6
A claimant is to be treated as not having limited capability for work on a day which is not, for the purposes of paragraph 4(1)(d)(ii) of Schedule 1 to the Act (period of 196 consecutive days preceding the relevant period of limited capability for work), part of any consecutive days of limited capability for work.
.
Amendment of Part 5 of the principal Regulations
5
1
In regulation 26 (claimants receiving certain regular treatment) for paragraph (2) substitute —
2
A claimant who receives the treatment referred to in paragraph (1) is only to be treated as having limited capability for work from the first week of treatment in which the claimant undergoes no fewer than —
a
two days of treatment;
b
two days of recovery from any of the forms of treatment listed in paragraph 1(a) to (c); or
c
one day of treatment and one day of recovery from that treatment,
but the days of treatment or recovery from that treatment or both need not be consecutive.
.
2
In regulation 32 (certain claimants to be treated as not having limited capability for work) —
a
renumber regulation 32 as 32(1);
b
in paragraph (1), after “claimant” insert “who is or has been a member of Her Majesty’s forces”; and
c
after paragraph (1) add —
2
A claimant is to be treated as not having limited capability for work on any day on which the claimant attends a training course in respect of which the claimant is paid a training allowance or premium pursuant to arrangements made under section 2 of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 .
3
Paragraph (2) is not to apply —
a
for the purposes of any claim to employment and support allowance for a period commencing after the claimant ceased attending the training course in question; or
b
where any training allowance or premium paid to the claimant is paid for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 2 of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990.
.
Amendment of Part 7 of the principal Regulations
6
1
In regulation 40(6) (a claimant who works to be treated as not entitled to an employment and support allowance) for “paragraph (5) above” substitute “paragraph (4)”.
2
In regulation 45(3) and (4) (exempt work) for “£88.50” substitute “£92.00”.
Amendment of Part 9 of the principal Regulations
7
1
After regulation 72 (permanent health insurance) insert —
Financial Assistance Scheme
72A
1
For the purposes of sections 2(1)(c) and 3 of the Act (deductions from contributory allowance) pension payment is to include a Financial Assistance Scheme payment.
2
In this regulation “Financial Assistance Scheme payment” means a payment made under the Financial Assistance Scheme Regulations 2005 .
.
2
In regulation 74(1)(a) (deductions for pension payment and PPF payment) for “claimant” substitute “a claimant”.
3
In regulation 76(1) (deductions for councillor’s allowance) for “£88.50” substitute “£92.00”.
Amendment of Part 10 of the principal Regulations
8
1
In regulation 94(8) (calculation of weekly amount of income) for “paragraph (9)” substitute “paragraph (8)”.
2
In regulation 95(1) (earnings of employed earners) for “paragraphs (3) and (4)” substitute “paragraphs (2) and (3)”.
3
In regulation 99 (deduction of tax and contributions for self-employed earners) —
a
in paragraph (1) omit “starting rate or, as the case may be, the starting rate and the”; and
b
in paragraph (2) for “starting rate” substitute “basic rate”.
4
In regulation 103 (deduction in respect of tax for participants in the self-employment route) —
a
in paragraph (1)(c) omit “starting rate of tax or, as the case may be, the starting rate and the”; and
b
in paragraph (2) for “starting rate” substitute “basic rate”.
5
At the end of regulation 107(5)(a) (notional income - income due to be paid or income paid to or in respect of a third party) and 112(8) (income treated as capital) for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”.
6
In regulation 109(2) (notional income - calculation and interpretation) —
a
in sub-paragraph (a) omit “starting rate or, as the case may be, the starting rate and the”; and
b
in sub-paragraph (b) for “starting rate” substitute “basic rate”.
7
In regulation 111(1) (calculation of capital) for “sections 1(3)” substitute “sections 1(2)”.
8
In regulation 115(5)(a) (notional capital) and paragraph 27(1) of Schedule 9 (capital to be disregarded) for “, the Independent Living Funds” substitute “, the Independent Living Fund (2006)”.
9
In regulation 131(1) (interpretation) in the definition of “student loan” for “73(3)” substitute “73(f)”.
Amendment of Part 11 of the principal Regulations
9
1
In regulation 144 (waiting days) —
a
in paragraph (2)(a) for “or statutory sick pay” substitute “, statutory sick pay or a maternity allowance”; and
b
at the end of paragraph (2)(c) add —
, or
d
the claimant is the other member of a couple to whom regulation 4I(2) of the Social Security (Claims and Payments) Regulations 1987 applies and the former claimant was not entitled to an employment and support allowance in respect of 3 days at the beginning of the period of limited capability for work which relates to the former claimant’s entitlement.
.
2
In regulation 146 (advance awards), in paragraph (3)(b) for “29”, substitute “30”.
3
In regulation 156(5)(d) and (6)(g) (circumstances in which a person is to be treated as being or not being a member of the household) for “Adoption Agencies Regulations 1983” substitute “Adoption and Children Act 2002 ”.
Amendment of Part 12 of the principal Regulations
10
In regulation 160(3)(b) (exceptions from disqualification for imprisonment) omit “or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder)”.
Amendment of Part 13 of the principal Regulations
11
In regulation 164 (assessment of income and capital in urgent cases) —
a
in paragraph (1)(a)(i) for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”; and
b
in paragraph (2)(c) omit “Part 2 or”.
Amendment of Schedule 2 to the principal Regulations
12
In Schedule 2 (assessment of whether a claimant has limited capability for work) —
a
in paragraphs 3(b) and (c) (bending or kneeling) for “pick a light object” substitute “pick up a light object”;
b
in paragraph 10(c) (continence other than enuresis (bed wetting) where the claimant has an artificial stoma), re-number —
i
paragraph (iii) as (iv);
ii
paragraph (iv) as (v);
iii
paragraph (v) as (vi); and
iv
paragraph (vi) as (vii);
c
in paragraph 10(c) (continence other than enuresis (bed wetting) where the claimant has an artificial stoma), after paragraph (ii), insert —
iii
Where the claimant’s artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of the bladder.
;
d
in paragraph 10(c)(iii) as re-numbered, in column (3) add “15”;
e
in paragraph 10(c)(v) as re-numbered, for “at last once a month” substitute “at least once a month”;
f
in paragraph 12(e) (learning or comprehension in the completion of tasks) omit “the following day”;
g
in paragraph 16(b) (initiating and sustaining personal action) —
i
before “verbal prompting” insert “daily”; and
ii
omit “for the majority of the time”;
h
in paragraph 19(b) (coping with social situations) in column (3) add “9”; and
i
in paragraph 21(d) (dealing with other people) after “significant distress”, omit “to himself”.
Amendment of Schedule 3 to the principal Regulations
13
In paragraph 7 (maintaining personal hygiene) of Schedule 3 (assessment of whether a claimant has limited capability for work-related activity) in sub-paragraphs (b) and (c) for “(excluding back)” substitute “(excluding own back)”.
Amendment of Schedule 4 to the principal Regulations
14
1
In Schedule 4 (amounts) —
a
in paragraph 1(3) in column (1) —
i
in paragraph (f)(ii) for “was” substitute “were”; and
ii
for paragraph (h) substitute —
h
where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who —
i
would not qualify for an income-related allowance if the person were not a member of a couple;
ii
would not qualify for income support if the person were not a member of a couple;
iii
does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
iv
is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
;
b
in paragraph 11 —
i
in sub-paragraph (3) (carer premium) for “paragraph 9(1)” substitute “paragraph 8(1)”; and
ii
in sub-paragraph (4)(b) (enhanced disability premium) for “paragraph 89” substitute “paragraph 7”.
Amendment of Schedule 5 to the principal Regulations
15
In Schedule 5 (special cases) in paragraph 9(2)(b) (polygamous marriage) for “parents” substitute “partners”.
Amendment of Schedule 6 to the principal Regulations
16
In Schedule 6 (housing costs) —
a
in the heading for “68(2)(d)” substitute “68(1)(d)”;
b
in paragraph 2 (remunerative work) —
i
in sub-paragraph (1) —
aa
for “the following provisions of this paragraph” substitute “sub-paragraphs (2) to (8)”; and
bb
for “person” the first time it occurs substitute “non-dependant (referred to in this paragraph as “person”)”; and
ii
for sub-paragraph (8) substitute —
8
A person is to be treated as not being engaged in remunerative work on any day in which that person falls within the circumstances prescribed in regulation 43(2) (circumstances in which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work).
9
Whether a claimant or the claimant’s partner is engaged in, or to be treated as being engaged in, remunerative work is to be determined in accordance with regulations 41 or 42 (meaning of “remunerative work” for the purposes of paragraph 6(1)(e) and (f) of Schedule 1 to the Act) as the case may be.
;
c
in paragraph 3(2) (previous entitlement to other income-related benefits) for “income support” substitute “an income-related allowance”;
d
in paragraph 6 (housing costs not met) —
i
for sub-paragraph (2)(b) substitute —
b
after 2nd May 1994 and the housing costs applicable to that loan were not met by virtue of the former paragraph 5A of Schedule 3 to the Income Support Regulations, or paragraph 4(2)(a) of Schedule 3 to the Income Support Regulations, paragraph 4(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations or paragraph 5(2)(a) of Schedule 2 to the State Pension Credit Regulations;
; and
ii
in sub-paragraph (12)(b) for “children of different sexes aged 10 or over” substitute “persons of different sexes aged 10 or over but aged under 20”;
e
in paragraph 9(3) (new housing costs) for “paragraph 2” substitute “paragraph 3”;
f
in paragraph 12 (general provisions applying to new and existing housing costs) after sub-paragraph (10) add —
11
Sub-paragraph (12) applies to a person who, had the person been entitled to income support and not an employment and support allowance, would have been a person to whom any of the following transitional or savings provisions would have applied —
a
regulation 4 of the Income Support (General) Amendment No. 3 Regulations 1993 (“the 1993 Regulations ”);
b
regulation 28 of the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 (“the 1995 Regulations ”).
12
Where this sub-paragraph applies, the amount of housing costs applicable in the particular case shall be determined as if —
a
in a case to which regulation 4(1) of the 1993 Regulations would have applied, sub-paragraphs 12(4) to (9) do not apply;
b
in a case to which regulation 4(4) of the 1993 Regulations would have applied, the appropriate amount is £150,000; and
c
in a case to which the 1995 Regulations would have applied, the appropriate amount is £125,000.
;
g
for paragraph 15(11)(b) (linking rule) substitute —
b
is in full-time education and in receipt of disability living allowance;
;
h
in paragraph 19(7) (non-dependant deductions) —
i
in sub-paragraph (a) for “non-dependent” substitute “non-dependant”; and
ii
for sub-paragraph (f) substitute —
f
to whom, but for paragraph (5) of regulation 71 (definition of non-dependant) paragraph (4) of that regulation would apply;
; and
i
in paragraph 19(8)(b) for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”.
Amendment of Schedule 7 to the principal Regulations
17
In paragraphs 5 and 6, each time it occurs, and in paragraph 7(3)(b) of Schedule 7 (sums to be disregarded in the calculation of earnings) for “£88.50” substitute “£92.00”.
Amendment of Schedule 8 to the principal Regulations
18
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 9(b) —
i
before “employment and support allowance” insert “income-related”; and
ii
for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance”;
b
at the end of paragraphs 22(2) and 41(1) for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”; and
c
in paragraph 52(1)(a) for “widowers or surviving civil partners” substitute “widower or surviving civil partner”.
Amendment of Schedule 9 to the principal Regulations
19
In Schedule 9 (capital to be disregarded) —
a
in paragraph 17(2)(a) for “in consequences of that personal injury” substitute “in consequence of that personal injury”;
b
in paragraph 27(1) for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”;
c
at the end of paragraph 31 for “the Independent Living Funds” substitute “the Independent Living Fund (2006)”;
d
in paragraph 35 for “in consequence of reduction” substitute “in consequence of a reduction”; and
e
in paragraph 47(1) for “Any payment for a sports award” substitute “Any payment of a sports award”.
PART 2 Child Maintenance Amendments of the principal Regulations
20
1
In regulation 2(2) (interpretation) omit “Chapter 9 of Part 10 (income and capital – child support) and”.
2
In the heading to each of the following regulations, before “liable relative” insert “child maintenance or” —
a
85 (liable relative payments);
b
120 (treatment of liable relative payments);
c
124 (calculation of the weekly amount of a liable relative payment); and
d
125 (date on which a liable relative payment is to be treated as paid).
3
In regulation 85 for “liable relatives” substitute “child maintenance and liable relative payments”.
4
Omit —
a
regulation 86 (child support);
b
regulation 126 (liable relative payments to be treated as capital);
c
in Part 10, the whole of Chapter 9.
5
In Part 10 for the heading to Chapter 8 (liable relative) substitute “child maintenance and liable relative payments”.
6
In regulation 118(6) (calculation of tariff income from capital) for “regulations 112 and 126 (income treated as capital and liable relative payments treated as capital)” substitute “regulation 112 (income treated as capital)”.
7
In regulation 119 (interpretation) —
a
before the definition of “claimant” insert —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991 ;
the Child Support (Northern Ireland) Order 1991 ;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
;
b
at the appropriate place insert —
“claimant’s family” shall be construed in accordance with section 137 of the Contributions and Benefits Act (interpretation of part 7 and supplementary provisions);
“housing costs” means those costs which may be met under paragraph 1(2) of Schedule 6;
;
c
after the definition of “liable relative” insert —
“ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;
;
d
in the definition of “payment” —
i
omit “including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by the claimant but only from the date on which it could be expected to be acquired were an application made;”; and
ii
for paragraph (d) substitute —
d
made to a third party, or in respect of a third party, unless the payment is —
i
in relation to the claimant or the claimant’s family; and
ii
the payment is in respect of food, ordinary clothing or footwear, fuel, rent, housing costs, council tax or water charges;
; and
e
in the definition of “periodical payment” —
i
in paragraph (a) omit “in pursuance of a court order or agreement for maintenance”;
ii
in paragraph (c), for “not exceeding” substitute “, after the appropriate disregard under paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) has been applied to it, that does not exceed”.
8
In regulation 120 (treatment of liable relative payments) for “except where regulation 126(1) (liable relative payments to be treated as capital) applies” substitute “paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)”.
9
For regulation 123 substitute —
Period over which payments other than periodical payments are to be taken into account
123
1
The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken into account shall be determined as follows.
2
Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3).
3
The amount is the aggregate of £2 and —
a
the amount of employment and support allowance that would be payable had no payment been made, and
b
where applicable, the maximum amount of disregard that would apply to the payment under paragraph 60 of Schedule 8.
4
This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 124) is less than B.
5
In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula —
A
B − C
6
If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3).
7
If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula —
D
B − E
8
The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 125 (date on which a liable relative payment is to be treated as paid) and the period under paragraph (6) or (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
9
Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week.
10
In paragraphs (4) to (7) —
A
the amount of the non-periodical payment;
B
the aggregate of £2 and the amount of employment and support allowance that would be payable had the periodical payment not been made and, where applicable, the maximum disregard under paragraph 60 of Schedule 8;
C
the weekly amount of the periodical payment;
D
the balance (if any) of the non-periodical payment;
E
the weekly amount of any subsequent periodical payment.
.
10
In paragraph 60 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) for sub-paragraphs (3) and (4) substitute —
3
No more than £20 shall be disregarded in respect of each week to which any payment of child maintenance is attributed in accordance with regulations 120 to 125 (child maintenance and liable relatives).
4
In this paragraph, “child maintenance” shall have the same meaning as in regulation 119.
.
PART 3 Miscellaneous Amendments
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
21
In regulation 20(1) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (special provision for certain persons who have been employed abroad) for “and short-term incapacity benefit” substitute “, short-term incapacity benefit and contributory employment and support allowance”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
22
In regulation 7(1) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (duplication and prescribed income) for “and income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance, income-related employment and support allowance”.
Amendment of the Social Security Administration Act 1992
23
In section 74(3) of the Social Security Administration Act 1992 (income support and other payments) in paragraph (c), and in the full-out words after that paragraph, for “or an income-based jobseeker’s allowance”, in each place, substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”.
Amendment of the Employment and Support Allowance (Consequential Provisions) Regulations 2008
24
The Employment and Support Allowance (Consequential Provisions) Regulations 2008 are amended as follows.
Amendment of regulation 2
25
In regulation 2 (amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006) in inserted sub-paragraph (ca) for “in accordance with section 8” substitute “within the meaning of section 1(4)”.
Amendment of regulation 3
26
For regulation 3 (amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001) substitute —
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “relevant decision” add —
“the Welfare Reform Act ” means the Welfare Reform Act 2007.
.
3
In regulation 7(2) (decisions superseding earlier decisions) —
a
in sub-paragraph (i) at the beginning insert “except where sub-paragraph (o) applies,”; and
b
after sub-paragraph (n) add —
o
where —
i
the claimant has been awarded entitlement to housing benefit or council tax benefit;
ii
the claimant or the claimant’s partner has made a claim for employment and support allowance;
iii
subsequent to the first day of the period to which entitlement to housing benefit or council tax benefit relates, the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act; and
iv
either —
aa
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
bb
regulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
.
4
In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14C) insert —
14D
Where the decision is superseded in accordance with regulation 7(2)(o), the decision shall take effect from —
a
the first day of entitlement to an amount in consequence of the decision of the Secretary of State referred to in regulation 7(2)(o)(iii); or
b
the first day that there would have been such entitlement had the claimant or the claimant’s partner been entitled to an employment and support allowance by virtue of section 1 of the Welfare Reform Act,
if that day is the first day of the benefit week but, if it is not, from the next following such day.
.
.
Amendment of regulation 5
27
In regulation 5(2) (amendment of regulation 2) after sub-paragraph (e) insert —
ee
after the definition of “Jobseeker’s Allowance Regulations” insert —
“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
;
.
Regulation 7A
28
After regulation 7 (amendment of regulation 6) insert —
Amendment of regulation 7
7A
In regulation 7(8)(c)(ii) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after “Schedule 3” add “or a component under paragraph 23 or 24 of that Schedule”.
.
Amendment of regulation 11
29
In regulation 11 (amendment of regulation 22) in inserted sub-paragraph (e)(ii) omit “the”.
Amendment of regulation 12
30
In regulation 12 (amendment of regulation 23) in inserted sub-paragraph (f)(ii) omit “the”.
Amendment of regulation 23
31
In regulation 23 (amendment of Schedule 3) —
a
in sub-paragraph (b) in added paragraph (9) omit “within the meaning of section 1(4) of the Welfare Reform Act”;
b
in sub-paragraph (c) for the inserted sub-paragraph (a) substitute —
a
the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
; and
c
for sub-paragraph (d) substitute —
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 components in paragraphs 23 or 24 if —
a
the claimant or the claimant’s partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either —
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
22
1
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
2
Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
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 the claimant’s partner has, or is to be treated as having, limited capability for work.
The support component
24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.
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 regulation 24
32
In regulation 24(c) (amendment of Schedule 4) —
a
in sub-paragraph (i) in substituted paragraph (aa) omit “respectively”; and
b
in sub-paragraph (ii) omit “or” the first time it occurs.
Amendment of regulation 29
33
In regulation 29(2) (amendment of regulation 2) —
a
after sub-paragraph (b) insert —
bb
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;
;
; and
b
for sub-paragraph (e) substitute —
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 in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;
;
.
Amendment of regulation 30
34
In regulation 30 (amendment of regulation 5) in the substituted words insert “on” before “an income-based”.
Amendment of regulation 35
35
In regulation 35(a) (amendment of regulation 48) in the inserted paragraph, before “(e)” insert “and”.
Amendment of regulation 43
36
In regulation 43(2) (amendment of regulation 2) —
a
after sub-paragraph (e) insert —
ee
after the definition of “Jobseeker’s Allowance Regulations” insert —
“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
;
and
b
for sub-paragraph (f) substitute —
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;
;
.
Amendment of regulation 48
37
In regulation 48 (amendment of regulation 12) in inserted sub-paragraph (e)(ii) omit “the”.
Amendment of regulation 49
38
In regulation 49 (amendment of regulation 13) in inserted sub-paragraph (f)(ii) omit “the”.
Amendment of regulation 59
39
In regulation 59 (amendment of Schedule 1) —
a
in sub-paragraph (b) in added paragraph (10) omit “within the meaning of section 1(4) of the Welfare Reform Act”;
b
in sub-paragraph (c) for the inserted sub-paragraph (a) substitute —
a
the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
; and
c
for sub-paragraph (d) substitute —
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 components in paragraph 23 or 24 if —
a
the claimant or the claimant’s partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either —
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
22
1
The claimant has no entitlement under paragraph 23 or 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
2
Where the claimant and the claimant’s partner each satisfies paragraph 23 or 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
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 the claimant’s partner has, or is to be treated as having, limited capability for work.
The support component
24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.
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 regulation 66
40
In regulation 66(2) (amendment of regulation 2) —
a
for sub-paragraph (f) substitute —
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;
;
and
b
after sub-paragraph (f) insert —
ff
in the definition of “qualifying contributory benefit” after sub-paragraph (b) add —
c
contributory employment and support allowance;
;
.
Amendment of the Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008
41
1
The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 are amended as follows.
2
In regulation 2(11) (amendment of the Income Support (General) Regulations 1987) —
a
in sub-paragraph (f)(ii) in inserted sub-paragraph (15) after “in a case where” insert “a claimant, a claimant’s partner or”; and
b
in sub-paragraph (g) in inserted paragraph (i) omit “2(2) or (3) or”.
3
In regulation 3(25)(f)(ii) (amendment of the Jobseeker’s Allowance Regulations 1996) in inserted paragraph (i) omit “2(2) or (3) or”.
4
In regulation 4(8)(e) (amendment of the State Pension Credit Regulations 2002) in inserted paragraph (g) omit “2(2) or (3) or”.
Amendment of the Employment and Support Allowance (Transitional Provisions) Regulations 2008
42
In regulation 1(4) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 (interpretation) after “regulation” omit “6(4)(a) or”.
Signed by the authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th September 2008


type: legislation

jurisdiction: UK

text: Citation 1 This Order may be cited as the William Parker School (Designation as having a Religious Character) Order 2008. Designation of School 2 1 The William Parker School, Parkstone Road, Hastings, East Sussex, TN34 2NT, a voluntary controlled school, is hereby designated as a school having a religious character. 2 The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England. Sinead O'Sullivan A Deputy Director in the Department for Children, Schools and Families 10th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005
2
1
Subject to paragraph (2), the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 shall be amended in accordance with the following regulations.
2
In relation to vehicles removed prior to 1 October 2008, nothing in these Regulations shall have effect and the provisions mentioned in paragraph (1) shall continue to have effect.
3
In regulation 2 the following definitions are inserted in the appropriate alphabetical place —
“laden” means that the vehicle is carrying a load;
“load” means anything other than —
the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road;
any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle;
the driver, any passengers and their personal effects;
a crane, works truck as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 , or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and
any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;
“ MAM ” means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1999 ;
“off road” means that no part of the vehicle is in contact with the road;
“on road” means that any part of the vehicle is in contact with the road;
“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
“substantially damaged” means such damage to a vehicle that in the reasonable opinion of a constable it cannot be driven safely on the road;
“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;
“unladen” means that the vehicle is not carrying a load;
.
4
For regulation 6(1) substitute —
6
1
The charge payable under regulation 5(1) shall be —
a
the amount payable for the removal of the vehicle as set out in paragraph (2); and
b
the amount payable for the retention of the vehicle as set out in paragraph (3).
2
The amount payable for the removal of the vehicle shall depend upon the condition of the vehicle, the type of vehicle and whether it is on road or off road as set out in column 1 of Table 1 and shall be the charge specified in relation to that vehicle in columns 2 to 5 of that Table, the particular charge to be determined by reference to the MAM of the vehicle as described in row 1 of that Table and, for vehicles exceeding 7.5 tonnes MAM and not falling within row 2, whether the vehicle is laden or unladen.
Table 1 – Regulation 6(2)
1 2 3 4 5 1 Vehicle position and condition Vehicle equal to or less than 3.5 tonnes MAM Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM Vehicle exceeding 18 tonnes MAM
2 Vehicle on road, upright and not substantially damaged or any two wheeled vehicle whatever its condition or position on or off road £150 £200 £350 £350 3 Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both. £250 £650 Unladen–£2000
Unladen–£3000
Laden–£3000 Laden–£4500 4 Vehicle, excluding a two wheeled vehicle, off road, upright and not substantially damaged £200 £400 Unladen–£1000
Unladen–£1500
Laden–£1500 Laden–£2000 5 Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both £300 £850 Unladen–£3000
Unladen–£4500
Laden–£4500 Laden–£6000
3
The amount payable for the retention of the vehicle, for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authorised person, with regards to vehicles set out in row 1 of Table 2, shall be the charge specified in relation to those vehicles in row 2 of that Table.
Table 2 – Regulation 6(3)
1 1 2 3 4 5 1 Two wheeled vehicle Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM Vehicle exceeding 18 tonnes MAM
2 £10 £20 £25 £30 £35
4
For the purposes of this regulation, the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.
5
For the purposes of paragraph (2), a vehicle will only be considered upright if all parts of the vehicle are upright.
6
For the purposes of paragraph (3), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
28th July 2008


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2008 and shall come into force on 6th April 2008.
2
In this Order “the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
3
This Order applies in relation to —
a
applications made on or after 6th April 2008;
b
England only.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
2
1
The 1995 Order is amended as follows.
2
In article 1(2) (interpretation) omit the definition of “1988 Regulations”.
3
After article 4D (access statements: Wales) insert —
Applications for planning permission
4E
1
Subject to the following provisions of this article, an application for planning permission shall —
a
be made in writing to the local planning authority on a form published by the Secretary of State (or a form to substantially the same effect);
b
include the particulars specified or referred to in the form;
c
except where the application is made pursuant to section 73 (determination of applications to develop land without conditions previously attached) or section 73A(2)(c) (planning permission for development already carried out in breach of a condition of a planning permission) of the Act, be accompanied, whether electronically or otherwise, by —
i
a plan which identifies the land to which the application relates;
ii
any other plans, drawings and information necessary to describe the development which is the subject of the application;
iii
except where the application is made by electronic communication or the local planning authority indicate that a lesser number is required, 3 copies of the form; and
iv
except where they are submitted by electronic communication or the local planning authority indicate that a lesser number is required, 3 copies of any plans, drawings and information accompanying the application.
2
Any plans or drawings required to be provided by paragraph (1)(c)(i) or (ii) shall be drawn to an identified scale and, in the case of plans, shall show the direction of North.
3
Subject to paragraphs (3) to (5) of article 3, in the case of an application for outline planning permission, details need not be given of any reserved matters.
4
An application for planning permission pursuant to section 73 or 73A(2)(c) of the Act must give sufficient information to enable the local planning authority to identify the previous grant of planning permission and the conditions with which the applicant seeks not to comply.
5
An application for planning permission for development consisting of mining operations or the use of land for mineral-working deposits shall —
a
be made on a form provided by the local planning authority;
b
include the particulars specified or referred to in the form; and
c
comply with the requirements of paragraph (1)(c).
6
Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant shall be taken to have agreed —
a
to the use of such communications by the local planning authority for the purposes of his application;
b
that his address for those purposes is the address incorporated into, or otherwise logically associated with, his application; and
c
that his deemed agreement under this paragraph shall subsist until he gives notice in writing of the withdrawal of his consent to the use of electronic communications under article 27A of this Order.
.
4
For article 5 substitute —
General provisions relating to applications
5
1
An application made under article 4 or 4E, shall be made —
a
where the application relates to land in Greater London or a metropolitan county, to the local planning authority;
b
where the application relates to land which is solely in a National Park, to the National Park authority;
c
where the application relates to land which is in neither Greater London nor a metropolitan county and the application relates to a county matter, to the county planning authority;
d
in any other case, to the district planning authority.
2
When the local planning authority with whom the application has to be lodged receive —
a
in the case of an application made under article 4 or article 4E, an application which complies with the requirements of article 4 or article 4E, as the case may be;
b
the certificate required by article 7;
c
in a case to which article 4C applies, the design and access statement;
d
subject to paragraph (3), the particulars or evidence required by the authority under section 62(3) of the Act (applications for planning permission); and
e
the fee required to be paid in respect of the application,
the authority shall, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1.
3
Paragraph (2)(d) only applies if —
a
before the application is made the local planning authority publish, for the purposes of article 20(3), a list of requirements on their website; and
b
the particulars or evidence that the authority require to be included in the application fall within that list.
4
Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as reasonably practicable, send a copy of the application and of any accompanying plans, drawings and information to the district planning authority, if any.
5
Where, after sending an acknowledgement as required by paragraph (2) of this article, the local planning authority consider that the application is invalid, they shall as soon as reasonably practicable notify the applicant that the application is invalid.
6
In this article —
“county matter” has the meaning given to that expression in paragraph 1(1) of Schedule 1 to the Act (local planning authorities — distribution of functions); and
“invalid application” means an application which is not a valid application within the meaning of article 20(3).
.
5
In article 7 (certificates in relation to notice of applications for planning permission) in paragraph (1), for the words “in the appropriate form prescribed in Part 2 of Schedule 2 to this Order” substitute —
in a form published by the Secretary if State
.
6
In article 20 (time periods for decision) —
a
for paragraphs (1) to (3) substitute —
1
Subject to paragraph (5), where a valid application has been received by a local planning authority, they shall within the period specified or referred to in paragraph (2) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.
2
The period specified or referred to in this paragraph is —
a
in relation to an application for major development, 13 weeks beginning with the day immediately following that on which the application is received by the local planning authority;
b
in relation to an application for development which is not major development, 8 weeks beginning with the day immediately following that on which the application is received by the local planning authority; or
c
in relation to any development, unless the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing between the applicant and the local planning authority.
3
In this article “valid application” means an application which consists of —
a
an application which complies with the requirements of article 4 or article 4E, as the case may be;
b
the certificate required by article 7;
c
in a case to which article 4C applies, the design and access statement;
d
subject to paragraph (3A), the particulars or evidence required by the authority under section 62(3) of the Act (applications for planning permission); and
e
any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment,
and a valid application shall be taken to have been received when the application, and such of the documents, particulars or evidence referred to above as are required to be included in, or to accompany, the application have been lodged with the appropriate authority mentioned in article 5(1) and the fee required to be paid has been paid.
3A
Paragraph (3)(d) only applies if —
a
before the application is made the local planning authority publish, for the purposes of paragraph (3), a list of requirements on their website; and
b
the particulars or evidence that the authority require to be included in the application fall within that list.
3B
Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured —
a
sub-paragraph (a) or (b) of paragraph (2), as the case may be, shall have effect as if, for “the application is received by the local planning authority”, there were substituted “the local planning authority are satisfied that they have received the full amount of the fee”; and
b
sub-paragraph (c) of that paragraph shall have effect as if, at the end, there were added “once the authority are satisfied that they have received the full amount of the fee”.
b
in paragraph (4), for the words “regulation 3 of the 1988 Regulations” substitute “4E”.
7
In article 24 (certificate of lawful use or development) —
a
in paragraph (1) —
i
for the words “in writing” substitute “made on a form published by the Secretary of State (or a form to substantially the same effect)”,
ii
for the words “the following information” substitute “the particulars specified or referred to in the form.”, and
iii
omit sub-paragraphs (a) to (g);
b
in paragraph (2)(a) after “to which the application relates” insert “drawn to an identified scale and showing the direction of North”;
c
after paragraph (3) insert —
3A
Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant shall be taken to have agreed —
a
to the use of such communications by the local planning authority for the purposes of his application;
b
that his address for those purposes is the address incorporated into, or otherwise logically associated with, his application; and
c
that his deemed agreement under this paragraph shall subsist until he gives notice in writing of the withdrawal of his consent to the use of electronic communications under article 27A of this Order.
;
d
for paragraphs (5) to (9) substitute —
5
When the local planning authority receive an application which complies with the requirements of paragraphs (1) to (3) and any fee required to be paid with respect to the application, they shall, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1.
6
Where, after sending an acknowledgement as required by paragraph (5), the local planning authority consider that the application is invalid they shall, as soon as reasonably practicable, notify the applicant that the application is invalid.
7
The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.
8
Where a valid application has been received, the local planning authority shall give the applicant written notice of their decision within —
a
the period of eight weeks beginning with the day immediately following that on which the application is received; or
b
unless the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed in writing between the applicant and the authority.
9
Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured —
a
sub-paragraph (a) of paragraph (8) shall have effect as if, for “the application is received”, there were substituted “the authority are satisfied that they have received the full amount of the fee”; and
b
sub-paragraph (b) of that paragraph shall have effect as if, at the end, there were added “once the authority are satisfied that they have received the full amount of the fee”.
9A
In this article “valid application” means an application which —
a
complies with the requirements of paragraphs (1) to (3); and
b
is accompanied by the appropriate fee,
and a valid application shall be taken to have been received when the application and all of the documents, particulars or evidence referred to in paragraphs (1) to (3) have been lodged with the appropriate authority mentioned in article 5(1) and the fee has been paid.
.
8
Subject to article 3(b) of this Order, Part 2 of Schedule 2 is revoked.
Transitional provisions
3
An application made after 5th April 2008 and before 6th May 2008, otherwise than by a local planning authority or an interested planning authority, may —
a
be made in writing on a form provided by the local planning authority instead of on a form published by the Secretary of State;
b
be accompanied by a certificate for the purposes of article 7 in the appropriate form prescribed in Part 2 of Schedule 2 to the 1995 Order instead of in a form published by the Secretary of State.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th February 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 4) Order 2008.
2
In this Order, “ the Act ” means the Health and Social Care Act 2008.
Appointed day for provisions relating to the Human Rights Act 1998
2
1
Except as provided in paragraph (2), 1st December 2008 is the appointed day for the coming into force of section 145 of the Act (Human Rights Act 1998: provision of certain social care to be public function).
2
Paragraph (1) does not apply to a person who is an adult placement carer within the meaning of regulation 46 of the Care Homes (Wales) Regulations 2002 ( Rheoliadau Cartrefi Gofal (Cymru) 2002 ) .
Appointed days for provisions relating to financial assistance related to provision of health and social care services
3
1
1st December 2008 is the appointed day for the coming into force of the following provisions of the Act —
a
section 155 (power to form company);
b
the following provisions of section 156 (interpretation of group of sections) —
i
subsection (1);
ii
subsection (2), insofar as it defines “company”.
2
1st April 2009 is the appointed day for the coming into force of the following provisions of the Act —
a
section 149 (power of the Secretary of State to give financial assistance);
b
section 150 (qualifying bodies);
c
section 151 (forms of assistance under s. 149);
d
section 152 (terms on which assistance under s. 149 is given);
e
section 153 (directions to certain NHS bodies);
f
section 154 (arrangements with other third parties);
g
section 156 (interpretation of group of sections), subsection (2), insofar as it is not already in force.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
15th November 2008


text:
Citation and commencement
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008.
2
Subject to paragraph (3), this Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).
3
The following provisions of this Order come into force on the day section 158 of the Leasehold Reform, Housing and Urban Development Act 1993 is repealed (which is provided for in paragraph 63 of Schedule 8 to, and in Schedule 16 to, the Housing and Regeneration Act 2008) —
a
paragraph 44 of Schedule 1 and the related entry in Schedule 3, and
b
the consequential repeal in the Planning and Compulsory Purchase Act 2004 set out in Schedule 3.
Interpretation
2
In this Order —
“the CNT ” means the Commission for the New Towns,
“the HCA ” means the Homes and Communities Agency.
Extent
3
1
Subject to paragraph (2), this Order extends to England and Wales only.
2
In so far as it relates to section 16 of the Consumer Credit Act 1974 , this Order extends to England and Wales and to Northern Ireland.
Consequential amendments: Part 1 of the Housing and Regeneration Act 2008
4
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
Transitional and saving provisions
5
The amendments, modifications and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 2 to this Order.
Repeals
6
The enactments specified in Schedule 3 to this Order are repealed to the extent specified.
Consequential modification of modified right to buy provisions
7
1
References to the “Housing Corporation” —
a
in the modified enactments, and
b
in the enactments to which the modified amendments relate,
shall be treated as references to the “Homes and Communities Agency”.
2
In this article —
“modified amendments” means the amendments which, by virtue of paragraph 4 of Schedule 1 to the Leasehold Reform, Housing and Urban Development Act 1993 (Commencement and Transitional Provisions No. 1) Order 1993 , did not have effect in relation to the operation of Part V of the Housing Act 1985 as applied by the Local Government Reorganisation (Preservation of Right to Buy) Order 1986 ; and
“modified enactments” means —
the Housing (Preservation of Right to Buy) Regulations 1993 , and
the Housing (Right to Acquire) Regulations 1997 .
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary under Secretary of State
Department for Communities and Local Government
18th November 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (City and County of Swansea) Designation Order 2008 and shall come into force on 1 September 2008.
Designation of civil enforcement area and special enforcement area
2
The Welsh Ministers designate the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
15 July 2008


text:
PART 1 General
Citation, commencement and extent
1
1
These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 and come into force on 27th October 2008.
2
These Regulations extend to England and Wales and Scotland except as provided below.
3
Where an enactment that is amended by these Regulations has a more limited extent than that referred to in paragraph (2), the amendment has the same extent as the enactment to which it refers.
PART 2 Employment
Amendment of the Employment Rights Act 1996
2
In section 90 of the Employment Rights Act 1996 (short-term incapacity benefit and industrial injury benefit) —
a
in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”; and
b
in subsection (1)(b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.
Amendment of the National Minimum Wage Regulations 1999
3
In regulation 12(11)(b)(i) of the National Minimum Wage Regulations 1999 (workers who do not qualify for the national minimum wage) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
PART 3 Children and Education
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
4
In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 1997 (remission of charges for school meals) after sub-paragraph (c) add —
or
d
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
5
In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999 (milk, meals and refreshment) after “income support” insert “, an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007)”.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
6
In regulation 15(5) of the Education (Student Loans) (Repayment) Regulations 2000 (time for and amount of repayments) —
a
after sub-paragraph (h) omit “and”; and
b
after sub-paragraph (i) add —
and
j
employment and support allowance.
.
Amendment of the Special Guardianship Regulations 2005
7
In regulation 9(c) of the Special Guardianship Regulations 2005 (cessation of financial support) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.
PART 4 Utilities
Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
8
In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999 (special provision to be included in charges schemes) after sub-paragraph (d) insert —
e
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
9
In regulation 4(2) of the Home Energy Efficiency Scheme (England) Regulations 2005 (persons who may apply for a grant) —
a
after sub-paragraph (b) omit “and”; and
b
after sub-paragraph (c) insert —
and
d
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
PART 5 Health
Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
10
1
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “income-based jobseeker’s allowance” insert —
“income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
.
3
In regulation 3(3)(a) (entitlement to benefit) after sub-paragraph (iii) insert —
or
iv
an income-related employment and support allowance;
.
4
In Schedule 2 (application for benefit) in paragraph 4(1)(a) —
a
after sub-paragraph (ii) omit “or”;
b
at the end of sub-paragraph (iii) for “and” substitute —
or
iv
an income-related employment and support allowance; and
.
PART 6 Immigration and Asylum
Amendment of the Asylum Support Regulations 2000
11
In regulation 4(6)(a) of the Asylum Support Regulations 2000 (persons excluded from support) —
a
after sub-paragraph (i) omit “or”; and
b
after sub-paragraph (ii) add —
or
iii
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
.
PART 7 Transport
Amendment of the Bus Service Operators Grant (England) Regulations 2002
12
In regulation 3(4) of the Bus Service Operators Grant (England) Regulations 2002 (eligibility for grant) after sub-paragraph (d) insert —
dd
persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
.
PART 8 Courts and Tribunals
Amendment of the Community Legal Service (Financial) Regulations 2000
13
In regulation 4(2) of the Community Legal Service (Financial) Regulations 2000 (eligibility, assessment, contributions) —
a
after sub-paragraph (b) omit “, or”; and
b
after sub-paragraph (c) insert —
; or
d
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,
.
Amendment of the Criminal Defence Service (General) (No 2) Regulations 2001
14
1
The Criminal Defence Service (General) (No 2) Regulations 2001 are amended as follows.
2
In regulation 2 (interpretation) after the definition of “funded services” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
;
3
In regulation 5 (advice and assistance - financial eligibility) —
a
in paragraph (8) —
i
in sub-paragraph (d) omit “and”; and
ii
after sub-paragraph (e) insert —
and
f
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
; and
b
in paragraph (9) for “or guarantee state pension credit” substitute “guarantee state pension credit or income-related employment and support allowance”.
Amendment of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003
15
In regulation 8(1) of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003 (waiver and reduction of fees) —
a
after sub-paragraph (d) omit “or”; and
b
after sub-paragraph (e) add —
or
f
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Gender Recognition (Application Fees) Order 2006
16
In regulation 5 of the Gender Recognition (Application Fees) Order 2006 (definition of qualifying benefit) after sub-paragraph (d) add —
e
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Residential Property Tribunal (Fees) (England) Regulations 2006
17
In regulation 5(2) of the Residential Property Tribunal (Fees) (England) Regulations 2006 (liability to pay fee and waiver of fees) after sub-paragraph (d) add —
e
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006
18
In regulation 5(4) of the Criminal Defence Service (Financial Eligibility) Regulations 2006 (assessment by representation authority) after sub-paragraph (c) add —
d
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Gambling Appeals Tribunal Fees Regulations 2006
19
In regulation 3(2) of the Gambling Appeals Tribunal Fees Regulations 2006 (exemptions, reductions, waivers and refunds) after sub-paragraph (d) add —
e
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
PART 9 Tax Credits and Child Benefit
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
20
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “claimant” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act ;
; and
ii
after the definition of “week” insert —
“the Welfare Reform Act” means the Welfare Reform Act 2007.
; and
b
after paragraph (4) add —
5
For the purpose of these Regulations —
a
two or more periods of entitlement to employment and support allowance are linked together if they satisfy the conditions in regulation 145 of the Employment and Support Allowance Regulations 2008 ; and
b
a period of entitlement to employment and support allowance is linked together with a period of entitlement to statutory sick pay if it follows that period within 12 weeks.
.
3
In regulation 6 (periods of illness or incapacity for work) —
a
in the heading for “or incapacity for work” substitute “, incapacity for work or limited capability for work”;
b
in paragraph (1) —
i
after sub-paragraph (c) for “or” substitute —
cc
is paid an employment and support allowance under Part 1 of the Welfare Reform Act, or
; and
ii
in sub-paragraph (d) after “on the grounds of incapacity for work” insert “or limited capability for work”;
c
in paragraph (4) —
i
after “paragraph (1)(c)” insert “or employment and support allowance as specified in paragraph (1)(cc)”; and
ii
after “income support” the second time it occurs insert “or employment and support allowance”.
4
In regulation 9 (disability element and workers who are to be treated as at a disadvantage in getting a job) —
a
for paragraph (2) substitute —
2
Case A is where the person has, for at least one day in the preceding 182 days (“the qualifying day”), been in receipt of —
a
higher rate short-term incapacity benefit;
b
long-term incapacity benefit;
c
severe disablement allowance; or
d
employment and support allowance where entitlement to employment and support allowance or statutory sick pay has existed for a period of 28 weeks immediately preceding the qualifying day comprising one continuous period or two or more periods which are linked together.
;
b
in paragraph (6) —
i
for sub-paragraph (a) substitute —
a
has received —
i
on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days; or
ii
on account of his having limited capability for work, an employment and support allowance for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of having limited capability for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;
; and
ii
after “Contributions and Benefits Act” the second time it occurs add “or a period of limited capability for work within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations 2008”; and
c
in paragraph (7) for sub-paragraph (b) substitute —
b
has, within 56 days before the first day of that period of training for work, received —
i
higher rate short-term incapacity benefit;
ii
long-term incapacity benefit;
iii
severe disablement allowance; or
iv
contributory employment and support allowance where entitlement to that allowance or statutory sick pay has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.
.
5
In regulation 13(6) (entitlement to child care element of working tax credit) after sub-paragraph (g) add —
h
contributory employment and support allowance where entitlement to that allowance or statutory sick pay has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.
.
6
In regulation 18(5) (50 plus element) —
a
after sub-paragraph (e) omit “or”; and
b
after sub-paragraph (f) add —
or
g
an employment and support allowance.
.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
21
1
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
2
In regulation 7 (social security income) —
a
in paragraph (1)(a) for “or the Jobseekers Act 1995” substitute “, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007”; and
b
in paragraph (3) in Table 3 —
i
in the heading for “or the Jobseekers Act 1995” substitute “, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007”; and
ii
after “25. A payment in lieu of milk tokens or the supply of vitamins under the Welfare Foods Regulations 1996.” add —
26
An income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Child Tax Credit Regulations 2002
22
1
The Child Tax Credit Regulations 2002 are amended as follows.
2
In regulation 3(1) (circumstances in which a person is or is not responsible for a child or qualifying young person) in Rule 4, Case E, after “incapacity benefit” the first time it occurs insert “or contributory employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
3
In regulation 5(4)(c) (maximum age and prescribed conditions for a qualifying young person) after “income support” insert “, income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
23
In regulation 4 of the Tax Credits (Income Thresholds and Determinations of Rates) Regulations 2002 (social security benefits prescribed for the purposes of section 7(2) of the Act) after sub-paragraph (d) add —
e
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Child Benefit (General) Regulations 2006
24
In regulation 8(2) of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support) —
a
after sub-paragraph (c) omit “or”; and
b
after sub-paragraph (d) add —
or
e
employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
PART 10 Wales
Amendment of the Bus Service Operators Grant (Wales) Regulations 2002
25
In regulation 3(4) of the Bus Service Operators Grant (Wales) Regulations 2002 (eligibility for a grant) after sub-paragraph (d) insert —
dd
persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
.
Amendment of the Individual Learning Accounts Wales Regulations 2003
26
In the Schedule to the Individual Learning Accounts Wales Regulations 2003 (qualifying benefits or allowances) after “7 Working Tax Credit.” add —
8
Employment and support allowance (Income-related).
.
Amendment of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004
27
In regulation 8(1) of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004 (waiver and reduction of fees) —
a
after sub-paragraph (d) omit “or”; and
b
after sub-paragraph (e) insert —
or
f
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005
28
In regulation 17(7)(c) of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (review of financial support) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Amendment of the Special Guardianship (Wales) Regulations 2005
29
In regulation 12(10)(b)(ii) of the Special Guardianship (Wales) Regulations 2005 (review of the provision of special guardianship support services) after “Contributions and Benefits Act 1992” insert “, employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Amendment of the Residential Property Tribunal (Fees) (Wales) Regulations 2006
30
In regulation 5(2) of the Residential Property Tribunal (Fees) (Wales) Regulations 2006 (liability to pay fee and waiver of fees) after sub-paragraph (d) add —
e
an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Homelessness (Wales) Regulations 2006
31
1
The Homelessness (Wales) Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) —
a
in paragraph (3) after sub-paragraph (b) omit “and”; and
b
after sub-paragraph (c) add —
and
d
“an income-related employment and support allowance” means an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 entitlement to which is based on the claimant satisfying conditions which include those set out in Part 2 of Schedule 1 to that Act.
.
3
In regulation 3(1)(i) (classes of persons subject to immigration control who are eligible for housing assistance) after “allowance” insert “, an income-related employment and support allowance”.
Amendment of the Home Energy Efficiency Schemes (Wales) Regulations 2007
32
In regulation 5(3) of the Home Energy Efficiency Schemes (Wales) Regulations 2007 (persons who may apply for a grant) after “of the 1992 Act)” insert “, an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007
33
1
The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulation 2007 are amended as follows.
2
In regulation 2 (interpretation) after the definition of “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 2007 (employment and support allowance);
.
3
In regulation 5(1)(d) (entitlement to full remission and payment) after “income-based jobseeker’s allowance” insert “, income-related employment and support allowance”.
PART 11 Scotland
Amendment of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989
34
1
The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “Commissioner” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
;
b
after the definition of “debtor” insert —
“ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008;
;
c
after the definition of “5 per cent of the personal allowance for a single claimant aged not less than 25” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
;
d
in the definition of “personal allowance for a couple where both members are aged not less than 18” —
i
after sub-paragraph (a) omit “or” and
ii
after sub-paragraph (b) add —
or
c
in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(3)(a) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;
;
e
in the definition of “personal allowance for a single claimant aged not less than 25” —
i
after sub-paragraph (a) omit “or” and
ii
after sub-paragraph (b) add —
or
c
in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(1)(b) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;
; and
f
after the definition of “unmarried couple” add —
“Welfare Reform Act” means the Welfare Reform Act 2007.
.
3
In regulation 2 (applications for deductions etc. ) —
a
in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;
b
in paragraph (1) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and
c
in paragraph (2)(e) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.
4
In regulation 3 (deductions from debtor’s income support etc.) —
a
in the heading for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”;
b
in paragraph (1) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”;
c
in paragraph (2) —
i
in sub-paragraph (a) after “contribution-based jobseeker’s allowance” add “or contributory employment and support allowance”; and
ii
for sub-paragraph (b) substitute —
b
the amount payable, before any deductions under this paragraph, of —
i
contribution-based jobseeker’s allowance is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act; or
ii
contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,
as the case may be,
; and
iii
after “Jobseekers Act” the second time it occurs insert “or under section 2(1)(a) of the Welfare Reform Act”.
5
In regulation 4 (circumstances, time of making and termination of deductions) —
a
in paragraph (1)(a) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”; and
b
in paragraph (2) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”.
Amendment of the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996
35
1
The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996 are amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “child” insert —
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
;
b
after the definition of “employment tribunal” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
.
3
In regulation 4(a) (applications for advice and assistance) after “income support” insert “, an income-related employment and support allowance”.
4
In regulation 16 (2) (payment of fees and outlays from property recovered or preserved) —
a
in sub-paragraph (a)(v) after “129 of the 1992 Act” insert “, an income-related employment and support allowance”;
b
in sub-paragraph (c) after “Schedule 7 to the 1992 Act” insert “, contributory employment and support allowance”.
5
In Schedule 2 (assessment of disposable capital and disposable income) after paragraph 5(j) insert —
k
contributory employment and support allowance.
.
Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
36
In regulation 2 of the Repayment of Student Loans (Scotland) Regulations 2000 (interpretation) in the definition of “disability related benefit” after “Social Security Contributions and Benefits Act 1992,” add “an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Amendment of the Bus Service Operators Grant (Scotland) Regulations 2002
37
In regulation 3(4) of the Bus Service Operators Grant (Scotland) Regulations 2002 (eligibility for grant) after sub-paragraph (d) insert —
dd
persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
.
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
38
1
The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “income” insert —
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
.
3
In regulation 33(a)(v) (payments out of property recovered or preserved: exceptions) after “the 1992 Act” insert “, an income-related employment and support allowance”.
4
In Schedule 2 (rules for computing disposable income) in paragraph 5 after sub-paragraph (e) add —
f
an income-related employment and support allowance.
.
5
In Schedule 3 (rules for computing disposable capital) in paragraph 7 after “(payable under the Jobseekers Act 1995)” insert “or an income-related employment and support allowance”.
Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
39
In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (the severely mentally impaired) —
a
after sub-paragraph (j) omit “and”; and
b
after sub-paragraph (k) insert —
and
l
employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.
.
Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007
40
In paragraph 3(e) of Schedule 2 to the Education Maintenance Allowances (Scotland) Regulations 2007 (ordinary residence) after “income support” add “or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
16th July 2008


text:
Citation
1
This Order may be cited as the Designation of Schools having a Religious Character (England) (No. 2.) Order 2008.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 (or, as the case may be, each such religion or religious denomination).
Designation of the schools
3
The schools listed in the Schedule (all of which are voluntary or foundation schools or new schools that have temporary governing bodies and which will be such when established) are hereby designated as schools having a religious character.
4
The relevant religious denomination in relation to each school listed in column (1) of the Schedule is stated opposite thereto in column (3).
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
1st December 2008


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Public Rights of Way (Combined Orders) (England) Regulations 2008;
b
come into force on 6th April 2008; and
c
apply in relation to England only .
Interpretation
2
In these Regulations —
“ the Act ” means the Wildlife and Countryside Act 1981;
“ section 53A Order ” means an order to which section 53A of the Act applies by virtue of regulation 3, and a “relevant section 53A Order” is one for which a form is prescribed by any enactment .
Section 53A Orders
3
The following descriptions of order are prescribed as descriptions of order to which section 53A of the Act applies (where they are of the kind described in paragraphs (b) to (d) of section 53A(1)) —
a
those made under any of these provisions of the Highways Act 1980 —
i
section 26 (compulsory powers for creation of footpaths, bridleways and restricted byways);
ii
section 118 (stopping up of footpaths, bridleways and restricted byways);
iii
section 118A (stopping up of footpaths, bridleways and restricted byways crossing railways);
iv
subsection (4) of section 118B (stopping up of certain highways for purposes of crime prevention, etc );
v
section 119 (diversion of footpaths, bridleways and restricted byways);
vi
section 119A (diversion of footpaths, bridleways and restricted byways crossing railways);
vii
subsection (4) of section 119B (diversion of certain highways for purposes of crime prevention, etc);
viii
section 119D (diversion of certain highways for protection of sites of special scientific interest);
b
those made under section 32 (power to extinguish certain public rights of way) of the Acquisition of Land Act 1981 ;
c
those made under section 294 (extinguishment of public rights of way over acquired land) of the Housing Act 1985 ;
d
those made under any of these provisions of the Town and Country Planning Act 1990 —
i
subsection (2A) of section 247 (highways affected by development: orders by Secretary of State);
ii
section 257 (footpaths, bridleways and restricted byways affected by development: orders by other authorities);
iii
subsection (1) of section 258 (extinguishment of public rights of way over land held for planning purposes).
Relevant date
4
The relevant date required to be specified in a section 53A Order which includes provision made by virtue of section 53A(2) of the Act is the date upon which the stopping up (also referred to as the extinguishment), diversion or, as the case may be, creation of the path effected by that Order comes fully into effect.
Form of order
5
That part of a relevant section 53A Order which contains provision made by virtue of section 53A(2) of the Act must be in the form prescribed for an order of the description in question, as modified in the manner set out in the Schedule, or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case .
Scale of maps in orders
6
Any map contained in a section 53A Order which shows anything as a consequence of provision made by virtue of section 53A(2) of the Act must be on a scale of not less than 1:2,500.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th February 2008


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling) Order 2008.
2
This Order shall come into force —
a
for the purposes of this article and article 2, on 31st March 2008; and
b
for the purposes of article 3, on 1st April 2008.
The levy ceiling
2
For the purposes of section 177 of the Pensions Act 2004 (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st April 2008 is £833,410,200.
Revocation of the Occupational Pension Schemes (Levy Ceiling) Order 2007
3
The Occupational Pension Schemes (Levy Ceiling) Order 2007 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th March 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008 and shall come into force on 1st December 2008.
2
These Regulations do not extend to Northern Ireland.
Revocation
2
The Political Donations and Regulated Transactions (Anonymous Electors)(England and Wales) Regulations 2006 are revoked.
Evidence of anonymous registration
3
The evidence that an individual has an anonymous entry in an electoral register prescribed for the purposes of section 65(2A) of, paragraphs 2(3B),(3C), 3(2) and 3(3) of Schedule 6, paragraph 2(3) of Schedule 6A, paragraph 10(4A) of Schedule 7, paragraph 10(4) of Schedule 11 and paragraph 10(4) of Schedule 15 to, the Political Parties, Elections and Referendums Act 2000 is a certificate of anonymous registration issued under regulation 45G of the Representation of the People (England and Wales) Regulations 2001 or under regulation 45F of the Representation of the People (Scotland) Regulations 2001 .
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
4th November 2008