Paragraph 342 Employment and Support Allowance Regulations 2008I1

For regulation 40(2)(b)(ii) of the Employment and Support Allowance Regulations 2008^f1 (a claimant who works to be treated as not entitled to an employment support allowance) substitute—

“(ii)

a member of the First-tier Tribunal where the member is eligible for appointment to be such a member in accordance with article 2(3) of the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008^f2.”.