Regulation 5 Amendment of the Social Security (Claims and Payments) Regulations 1987

The Social Security (Claims and Payments) Regulations 1987^f1 are amended as follows.

Regulation 3^f2 (claims not required for entitlement to benefit in certain cases) becomes paragraph (1) of regulation 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.”.

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—

  1. (a)

     a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or

  2. (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.”.