# The Employment and Support Allowance Regulations 2008, Regulation 33: Additional circumstances where claimants are to be treated as having limited capability for work


(1) For the purposes of paragraph 4(1)(d)(ii) of Schedule 1 to the Act, a claimant is to be treated as having limited capability for work on any day in respect of which that claimant is entitled to statutory sick pay.
(2) For the purposes of an income-related allowance, a claimant is to be treated as having limited capability for work where—
(a) that claimant is not a qualifying young person;
(b) that claimant is receiving education; and
(c) paragraph 6(1)(g) of Schedule 1 to the Act does not apply in accordance with regulation 18.

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Source: https://www.legislation.gov.uk/uksi/2008/794/regulation/33 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.