Regulation 4 The end of the assessment phaseI1
Northern Ireland
Where paragraph (3) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.
This paragraph applies where, at F5the relevant period —
the claimant has not been assessed in accordance with a limited capability for work assessment; and
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).
In this regulation “the relevant period” means the period of 13 weeks beginning with and including—
the first day of the assessment phase as determined under section 24(2)(a) of the Act; or
where that day immediately follows an extended period of sickness, the first day of the extended period of sickness.
In paragraph (4) “extended period of sickness” means a period in which the claimant was—
entitled to a jobseeker’s allowance; and
treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations (extended period of sickness).
Annotations
Textual amendments
- F1
Words in reg. 4(1) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 11(3)(a)
- F2
Words in reg. 4(1) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), 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 (Northern Ireland) 2015 (S.R. 2015/138), regs. 1(1), 4(2)(a)
- F4
Reg. 4(2)(3) substituted for reg. 4(2) (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 11(3)(b)
- F5
Words in reg. 4(3) substituted (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/138), regs. 1(1), 4(2)(b)
- F6
Reg. 4(4)(5) added (30.3.2015) by The Jobseeker’s Allowance (Extended Period of Sickness) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/138), regs. 1(1), 4(2)(c)