Regulation 19 Transition from old style ESA

This regulation applies where—

Where, on or before the relevant date, it had been determined that the claimant F2had limited capability for work (within the meaning of Part 1 of the 2007 Act)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where, on or before the relevant date, it had been determined that the claimant F7had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity—

Unless the assessment phase applied and had not ended at the relevant date, in relation to a claimant who is treated as having limited capability for work and work-related activity under paragraph (4)(4)(b)—

For the purposes of this regulation, a determination that the claimant F10had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act), is to be taken into account even if the award of old style ESA subsequently terminated (in so far as it was an award of income-related employment and support allowance) before the date on which that determination was made, by virtue of an order made under section 150(3) of the Act.

Where a claimant is treated, by virtue of this regulation, as having limited capability for work or, as the case may be, limited capability for work and work-related activity, the Secretary of State may at any time make a fresh determination as to these matters, in accordance with the Universal Credit Regulations.

In this regulation and in regulations 20 to 27—

• F11“assessment phase” has the same meaning as in the 2007 Act M1;

• “incapacity benefit” and “severe disablement allowance” have the same meanings as in Schedule 4 to that Act;

• F12“LCWRA element” has the same meaning as in the Universal Credit Regulations M2.

For the purposes of this regulation and regulation 20, references to cases in which the assessment phase applied are references to cases in which sections 2(2)(a) F13and 4(4)(a) of the 2007 Act applied and references to cases in which the assessment phase did not apply are references to cases in which those sections did not apply M3.

For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).