Regulation 8 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013^f1 are amended as follows.

In regulation 15 (other decisions relating to an employment and support allowance), after paragraph (4) insert—

“(4A)

The fourth circumstance is where the decision—

(a)

immediately follows the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and

(b)

is not a decision which embodies a determination that the person is treated as having limited capability for work under regulation 26 of the Employment and Support Allowance Regulations 2013 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).”.

In regulation 35 (effective dates: Secretary of State decisions), in paragraph (7), for “the beginning of the 14th week of entitlement” substitute “the day after the last day of the relevant period as defined in regulation 5(4) of the Employment and Support Allowance Regulations 2013”.