{
  "url": "https://openlegislation.uk/employment-and-support-allowance-repeat-assessments-and-pending-appeal-awards-amendment-regulations-2015/regulation-5",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-repeat-assessments-and-pending-appeal-awards-amendment-regulations-2015/regulation-5.json",
  "legislation": "uksi/2015/437",
  "legislation_title": "The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-repeat-assessments-and-pending-appeal-awards-amendment-regulations-2015",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment of the Social Security (Claims and Payments) Regulations 1987",
  "text": "(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.\n(2) Regulation 3 (claims not required for entitlement to benefit in certain cases) becomes paragraph (1) of regulation 3.\n(3) In paragraph (1) for sub-paragraph (j) substitute—\n“(j) in the case of an employment and support allowance where—\n(i) the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and\n(ii) that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.”.\n(4) After paragraph (1) insert—\n“(2) In this regulation—\n“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and\n“relevant decision” means—\n(a) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or\n(b) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/1968 amended by S.I. 2010/840; there are other amending instruments but none are relevant."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Amended by the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regulation 2. There are other amending instruments but none are relevant."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/437/regulation/5",
    "retrieved_at": "2026-10-28T23:45:36.461941+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}