Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions) Regulations 2008.

(2) This regulation and regulations 2, 3 and 4 shall come into force on 27th July 2008.

(3) Regulation 5 shall come into force on 27th October 2008.

(4) In these Regulations “ income support on the grounds of disability ” means income support awarded to a person to whom regulation ...13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987 (prescribed categories of person) applies.

Claim for existing award

2. —(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.

(2) Paragraph (1) does not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or

(e) a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.

(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for ..., maternity allowance or carer's allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987 (claims treated as claimed in addition or in the alternative).

Claim by person entitled or potentially entitled to existing award

3. —(1) A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.

(2) A claim for an employment and support allowance made by a person who would be entitled to an existing award if that person made a claim described in regulation 2(2), is to be treated as a claim for that award.

Claim for period before appointed day

4. Where—

(a) (i) before the appointed day a person purports to make a claim, or

(ii) on or after the appointed day a person makes a claim,

for an employment and support allowance for a period beginning before the appointed day; and

(b) it appears to the Secretary of State that the person would be entitled to incapacity benefit or income support on the grounds of disability if that person made a claim for it in accordance with section 1(1)(a) of the Administration Act ,

the purported claim or claim may be treated by the Secretary of State as a claim in the alternative for incapacity benefit or income support on the grounds of disability.

Transitional protection in relation to the Jobseekers Act 1995

5. In relation to a person who—

(a) is entitled to an existing award; or

(b) would be entitled to an existing award if that person made a claim described in regulation 2(2),

the Jobseekers Act 1995 shall continue to have effect as if paragraphs 12(2), (5)(b) and (6) of Schedule 3 to the Welfare Reform Act 2007 had not come into effect.