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The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 228
- Regulation 3
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Amendment of the ESA Regulations
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3.—(1) The ESA Regulations are amended as follows.
(2) In regulation 20 (certain claimants to be treated as having limited capability for work):—
(a)at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”; and
(b)after paragraph (f) insert:—
“(g)any of the descriptors at paragraph 15 or 16 of Schedule 3 apply to the claimant.”.
(3) In regulation 25 (hospital in-patients), after paragraph (1) insert:—
“(1A) The circumstances in which a claimant is to be regarded as undergoing treatment falling within paragraph (1) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol addiction.”.
(4) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity) at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”.
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