# The Employment and Support Allowance (Transitional Provisions) Regulations 2008, Regulation 4: Claim for period before appointed day


Where—
(a) (i) before the appointed day a person purports to make a claim, or
(ii) on or after the appointed day a person makes a claim,
for an employment and support allowance for a period beginning before the appointed day; and
(b) it appears to the Secretary of State that the person would be entitled to incapacity benefit or income support on the grounds of disability if that person made a claim for it in accordance with section 1(1)(a) of the Administration Act ,
the purported claim or claim may be treated by the Secretary of State as a claim in the alternative for incapacity benefit or income support on the grounds of disability.

---
Source: https://www.legislation.gov.uk/uksi/2008/795/regulation/4 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-transitional-provisions-regulations-2008/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.