Welfare Reform Act 2007

SCHEDULE 4 Transition relating to Part 1

Section 29 General power to provide for transition relating to Part 1 1 (1) Regulations may make such provision as the Secretary of State considers necessary or expedient— (a) in connection with the coming into force of any provision of, or repeal relating to, this Part, or (b) otherwise for the purposes of, or in connection with, the transition to employment and support allowance. (2) The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1). Pre-commencement claims 2 Regulations may— (a) make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance; (b) make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day. Treatment of existing awards 7 (1) Regulations may— (a) make provision for converting existing awards into awards of an employment and support allowance, and with respect to the terms of conversion; (b) make provision for the termination of existing awards in prescribed circumstances. (2) Regulations under sub-paragraph (1)(a) may, in particular— (a) make provision for conversion of an existing award— (i) on application, in accordance with the regulations, by the person entitled to the award, or (ii) without application; (b) make provision about the conditions to be satisfied in relation to an application for conversion; (c) make provision about the timing of conversion; (d) provide for an existing award to have effect after conversion as an award of an employment and support allowance— (i) of such a kind, (ii) for such period, (iii) of such an amount, and (iv) subject to such conditions, as the regulations may provide; (e) make provision for determining in connection with conversion of an existing award whether a person has limited capability for work-related activity. (f) make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards. (3) Regulations under sub-paragraph (1)(a) may, in relation to existing awards which have been the subject of conversion under this paragraph, include provision about revision under section 9 of the Social Security Act 1998 (c. 14), or supersession under section 10 of that Act in respect of the period before conversion. Transitional allowances 8 (1) Regulations may— (a) make provision for a person's continuing entitlement to an employment and support allowance awarded by virtue of regulations under paragraph 7 (a “transitional allowance”) to be determined by reference to such provision as may be made by the regulations; (b) make provision for the review of an award of a transitional allowance; (c) make provision for the termination of an award of a transitional allowance; (d) make provision for this Part, or any other enactment relating to social security, to have effect with prescribed modifications in relation to a person with a transitional allowance; (e) make provision for the purpose of enabling a transitional allowance to be revised under section 9 of the Social Security Act 1998 (c. 14) or superseded under section 10 of that Act. (2) In this paragraph “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)). Post-commencement up-rating of incapacity benefit and severe disablement allowance 10 Regulations may provide for section 150 of the Administration Act (annual up-rating of benefits), so far as relating to— (a) incapacity benefit under section 30A of the Contributions and Benefits Act, or (b) severe disablement allowance, to have effect with prescribed modifications in relation to tax years beginning on or after the appointed day. Interpretation 11 In this Schedule— “appointed day” means the day appointed for the coming into force of section 1; “existing award” means— an award of incapacity benefit, an award of severe disablement allowance, and an award of income support made to a person to whom regulation 6(4)(a) or 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 (S.I. 1987/1967) (persons incapable of work or disabled) applies; “incapacity benefit” (except in paragraph 10(a)) means— incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act, long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) (former sickness benefit), and invalidity benefit which has effect by virtue of regulation 17(1) of those regulations as if it were long-term incapacity benefit; “severe disablement allowance” means severe disablement allowance under section 68 of that Act (as it has effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958) (C. 89)); “transitional allowance” has the meaning given by paragraph 8(1)(a).