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”.