Regulation 7 Circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not applyF6I1

made a claim expressly on the ground of being terminally ill, or

made an application for supersession or revision in accordance with the Decisions and Appeals Regulations 1999 or the Decisions and Appeals Regulations 2016 which contains an express statement that the claimant is terminally ill;

the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end,

in relation to that entitlement to income support, immediately before it ended, the claimant’s applicable amount included the disability premium by virtue of their satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations, and

that entitlement to income support ended only by virtue of the coming into operation, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations (Northern Ireland) 2008^f1; or

the claimant was entitled to an employment and support allowance (including entitlement to a component under section 2(2) F2or 2(3) of the Act) F3or they are a member of the work-related activity group in the earlier period of limited capability for work, and

the previous period for which the claimant was entitled to an employment and support allowance was terminated other than by virtue of a determination that the claimant did not have limited capability for work;

the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

the previous period for which the claimant was entitled to an employment and support allowance was terminated by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and

it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 26;

the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,

the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,

the previous period for which the claimant was entitled to an employment and support allowance was terminated before it could be determined whether the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 26, and

it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 26; and

the claimant was entitled to an employment and support allowance (including entitlement to a component under section 2(2) F4or (3) of the Act) F5or they are a member of the work-related activity group in the earlier period of limited capability for work,

the previous period for which the claimant was entitled to an employment and support allowance was terminated because it was determined that the claimant did not have limited capability for work or was treated as not having limited capability for work, and

it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 26.