# The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008, Regulation 36: Amendment of regulation 10


For regulation 10 (effect of a determination as to capacity for work) substitute—
“Effect of determination as to capacity or capability for work
10 (1) This regulation applies to a determination whether a person—
(a) is capable or incapable of work;
(b) is to be treated as capable or incapable of work;
(c) has or does not have limited capability for work; or
(d) is to be treated as having or not having limited capability for work.
(2) A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision.”.

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Source: https://www.legislation.gov.uk/uksi/2008/1554/regulation/36 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-consequential-provisions-no-2-regulations-2008/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.