Legislation – Welfare Reform Act 2009
Changes to legislation:
Welfare Reform Act 2009, Section 5 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 5:
- s. 5 repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 5(1) repealed by 2009 c. 24 Sch. 7 Pt. 1
- Sch. 4 para. 9(3)(b) repealed by 2009 c. 24 Sch. 7 Pt. 1
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 4 para. 9(3)(b) repealed by 2009 c. 24 Sch. 7 Pt. 1
Part 1Social security
Revised system of working-age benefits
5Couples where at least one member capable of work
(1)
In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4)
(conditions for income support)—
(a)
(but before the “and” at the end of it) insert—
“(ga)
except in such circumstances as may be prescribed, if he is a member of a couple, the other member of the couple has limited capability for work;”,
(b)
“(6A)
The question whether a person has, or does not have, limited capability for work shall be determined for the purposes of this section in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance).
(6B)
References in that Part to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this section, as references to the purposes of this section.”, and
(c)
in subsection (7), for “Part 1 of the Welfare Reform Act 2007 (employment and support allowance)” substitute “
.
that Part
”
(2)
In paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c. 5)
(conditions for income-related employment and support allowance)—
(a)
“(da)
is not a member of a couple the other member of which does not have limited capability for work;”, and”
(b)
“(2A)
Regulations may prescribe circumstances in which sub-paragraph (1)(da) does not apply.”