Regulation 9 Disability element and workers who are to be treated as at a disadvantage in getting a jobF1

undertakes qualifying remunerative work for at least 16 hours per week;

has any of the disabilities listed in Part 1 of Schedule 1, or in the case of an initial claim, satisfies the conditions in Part 2 of Schedule 1; and

is a person who satisfies any of Cases A to G on a day for which the maximum rate is determined in accordance with these Regulations.

higher rate short-term incapacity benefit;

long-term incapacity benefit;

severe disablement allowance; or

employment and support allowance F3or a limited capability for work credit, where entitlement to employment and support allowance F4or that credit or statutory sick pay F5or a benefit or allowance mentioned in sub–paragraphs (a) to (c) or the income support payable under paragraph (3)(a), has existed for a period of 28 weeks immediately preceding the qualifying day comprising one continuous period or two or more periods which are linked together.

in the case of income support, in accordance with F8paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12, of Part III of Schedule 2 to the Income Support (General) Regulations 1987;

in the case of income-based jobseeker’s allowance, in accordance with F9paragraphs 12(1)(a), or (b)(ii), or (c), or 13, and where applicable 14 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

in the case of housing benefit, in accordance with F10F11paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987 paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 Schedule 3 of the Housing Benefit Regulations 2006;

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

a disability living allowance;

an attendance allowance;

a mobility supplement or a constant attendance allowance which is paid, in either case, in conjunction with a war pension or industrial injuries disablement benefit.

personal independence payment.

armed forces independence payment.

Scottish disability assistance.

section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977,

section 46 of the National Health Service (Scotland) Act 1978, or

Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.

F16has received, on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;

has received—

has a disability which is likely to last for at least six months, or for the rest of his life if his death is expected within that time; and

has gross earnings which are less than they were before the disability began by at least the greater of 20 per cent. and £15 per week.

has undertaken training for work for at least one day in the preceding 56 days; and

F21has received the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance within 56 days before the first day of that period of training for work.

has, within 56 days before the first day of that period of training for work, received—