[Existing benefits
3.—(1) The claimant must not be entitled to—
[(a)old style ESA;
(b)old style JSA;
(c)income support;]
(d)incapacity benefit or severe disablement allowance, as defined in Schedule 4 to the 2007 Act;
(e)disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992; or
(f)personal independence payment under Part 4 of the Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The claimant must not be awaiting—
[(a)a decision on a claim for—
(i)any benefit mentioned in sub-paragraph (1)(a) to (c);
(ii)a tax credit; or
(iii)housing benefit;]
(b)the outcome of an application—
(i)to the Secretary of State to consider whether to revise, under section 9 of the Social Security Act 1998, a decision that the claimant is not entitled to old style JSA, old style ESA or income support; or
(ii)to the relevant authority (within the meaning of the Child Support, Pensions and Social Security Act 2000) to consider whether to revise, under Schedule 7 to that Act, a decision that the claimant is not entitled to housing benefit.
(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c), the Secretary of State must be satisfied—
(a)that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court, is not ongoing; and
(b)where an appeal has been finally determined, that there is no possibility of a further appeal by any party.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]