# The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011, Regulation 3: Amendment of the ESA Regulations


(1) The ESA Regulations are amended as follows.
(2) In regulation 20 (certain claimants to be treated as having limited capability for work):—
(a) at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”; and
(b) after paragraph (f) insert:—
“(g) any of the descriptors at paragraph 15 or 16 of Schedule 3 apply to the claimant.”.
(3) In regulation 25 (hospital in-patients), after paragraph (1) insert:—
“(1A) The circumstances in which a claimant is to be regarded as undergoing treatment falling within paragraph (1) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol addiction.”.
(4) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity) at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”.

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Source: https://www.legislation.gov.uk/uksi/2011/228/regulation/3 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-limited-capability-for-work-and-limited-capability-for-work-related-activity-amendment-regulations-2011/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.