# The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015, Regulation 5: Amendment of the Social Security (Claims and Payments) Regulations 1987


(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
(2) Regulation 3 (claims not required for entitlement to benefit in certain cases) becomes paragraph (1) of regulation 3.
(3) In paragraph (1) for sub-paragraph (j) substitute—
“(j) in the case of an employment and support allowance where—
(i) the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and
(ii) that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.”.
(4) After paragraph (1) insert—
“(2) In this regulation—
“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and
“relevant decision” means—
(a) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or
(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.”.

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Source: https://www.legislation.gov.uk/uksi/2015/437/regulation/5 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-repeat-assessments-and-pending-appeal-awards-amendment-regulations-2015/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.