# The Employment and Support Allowance (Transitional Provisions) Regulations 2008, Regulation 2: Claim for existing award


(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.
(2) Paragraph (1) does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or
(e) a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.
(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for ..., maternity allowance or carer's allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987 (claims treated as claimed in addition or in the alternative).

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Source: https://www.legislation.gov.uk/uksi/2008/795/regulation/2 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-transitional-provisions-regulations-2008/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.