Regulation 3 Claim by a person entitled or potentially entitled to an existing awardI1

A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.

A claim for an employment and support allowance made by a person who would be entitled to an existing award if that person made a claim described in regulation 2(2), is to be treated as a claim for incapacity benefit, severe disablement allowance or, as the case may be, income support.