Commentary on Sections Schedule 7: Jobseeker’s allowance in interim period: consequential amendments Section 62: Entitlement to work: employment and support allowance
320.Section 62 introduces a requirement for ESA claimants to have an entitlement to work in the United Kingdom. The intention is to prevent people from accessing contributory benefits if they do not have a current entitlement to work in the United Kingdom. This requirement will apply after the introduction of the universal credit, once ESA becomes a contributions-based benefit.
321.Subsection (2) inserts this requirement into the conditions of entitlement for ESA set out in section 1(3) of the WRA 2007.
322.Subsection (3) inserts new subsection (3A) into the WRA 2007 which provides that a person is entitled to be in employment if they are either not subject to immigration controls or have leave to enter or remain in the United Kingdom which is not subject to any restrictions preventing them from taking up work.
323.Subsection (4) allows for regulations to prescribe circumstances in which exceptions may be made to this condition.