Employment Legislation

Crown Employment (Nationality) Bill

Reminder: From 1 February 2009, Employment Rights (Increase of Limits) Order 2008 Comes Into Force

Legislation Update

SI 2008/794 Enabling Power: Social Security Administration Act 1992, s 5(1); Social Security Act 1998, s 21(1)(a); Welfare Reform Act 2007

SI 2008/794: New benefit for claimants with limited capacity to work introduced

Introduces a new benefit, employment and support allowance (‘ESA’) for claimants assessed as having ‘limited capability for work’ because of a health condition or disability. ESA will replace Incapacity Benefit, and Income Support on the basis of incapacity. ESA has a contributory strand accessible via a National Insurance Contribution test and an income-related strand accessible via an income test. Most claimants will be required to serve an assessment phase which will normally last for 13 weeks from the start of the claim. During this period claimants will receive a rate of benefit that depends on whether they are aged 16-24 years or 25 years and over. Recipients of the income-related strand may also qualify for certain premiums and housing costs.