Paragraph 21 F1

Subject to paragraph 22 the claimant is entitled to one, but not both, of the components in paragraph 23 or 24 if—

(a)

the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b)

the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and

(c)

either—

(i)

the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or

(ii)

regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.

Annotations

Textual amendments

F1: Sch. 1 Pts. 5, 6 added by SI 2008/1082 reg. 59(d) (as substituted) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 39(c)