Paragraph 18

Subject to paragraph 20 of this Schedule the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 of this Schedule if—

(a)

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

(b)

the Secretary of State has decided that the applicant or the applicant’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 2007^f1 has ended; or

(ii)

regulation 7 of the Employment and Support Allowance Regulations 2008^f2 F1or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the condition that the assessment phase has ended before entitlement to the support component F2... arises does not apply) applies.

Annotations

Textual amendments

F1: Words in Sch. Scheme Sch. 3 para. 18(c)(ii) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 28(e)
F2: Words in Sch. Scheme Sch. 3 para. 18(c)(ii) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 25(d)

Footnotes

f1: 2007 c.5.
f2: S.I. 2008/794.