Regulation 3 Amendment of the ESA Regulations
The ESA Regulations are amended as follows.
In regulation 20 (certain claimants to be treated as having limited capability for work):—
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
after paragraph (f) insert:—
“(g)any of the descriptors at paragraph 15 or 16 of Schedule 3 apply to the claimant.”.
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.”.
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”.