Regulation 4 The end of the assessment phase

England, Wales and Scotland

(1)

Subject to F1paragraphs (2) and (3) and F2regulation 5, the assessment phase in relation to a claimant ends on the last day of F3the relevant period.

F4(2)

Where paragraph (3) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.

(3)

This paragraph applies where, at the end of F5the relevant period—

(a)

the claimant has not been assessed in accordance with a limited capability for work assessment; and

(b)

the claimant has not been treated as having limited capability for work in accordance with regulations 20, 25, 26, 29 or 33(2) (persons to be treated as having limited capability for work).

F6(4)

In this regulation, “the relevant period” means the period of 13 weeks beginning with—

(a)

the first day of the assessment phase as determined under section 24(2)(a) of the Act; or

(b)

where that day immediately follows an extended period of sickness, the first day of the extended period of sickness.

(5)

In paragraph (4), “extended period of sickness” means a period in which the claimant was—

(a)

entitled to a jobseeker’s allowance; and

(b)

treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness).

Annotations

Textual amendments

F1: Words in reg. 4(1) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(4)(a)
F2: Words in reg. 4(1) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(3)
F3: Words in reg. 4(1) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 4(2)(a)
F4: Reg. 4(2)(3) substituted for reg. 4(2) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(4)(b)
F5: Words in reg. 4(3) substituted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 4(2)(b)
F6: Reg. 4(4)(5) inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 4(2)(c)

Notes on the whole SI

Textual amendments

F1: Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
F2: Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
F3: Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
F4: Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
F5: 2007 c. 5.
F6: 1992 c. 5.
F7: 1998 c. 14.