The Employment and Support Allowance Regulations (Northern Ireland) 2008

The assessment phase – previous claimants N.I.

5.—(1) Where the circumstances in paragraph (2) apply in relation to a claimant the assessment phase—

(a) begins on the first day of the period for which the claimant was previously entitled to an employment and support allowance; and

(b) subject to paragraph (3) and regulation 6, ends on the day when the sum of the period for which the claimant was previously entitled to an employment and support allowance and the period for which the claimant is currently entitled to such an allowance is 13 weeks.

(2) The circumstances are that—

(a) (i) the claimant’s current period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1) or (2),

(ii) the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work, and

(iii) the assessment phase had not ended in the previous period for which the claimant was entitled to an employment and support allowance; or

(b) (i) regulation 145(3) or (5) applies to the claimant, and

(ii) the assessment phase had not ended in the previous period for which the claimant was entitled to an employment and support allowance.

(3) If, on the day referred to in paragraph (1)(b), it has not yet been determined whether the claimant has limited capability for work—

(a) the claimant having been assessed in accordance with a limited capability for work assessment; or

(b) as a result of the claimant being treated as having limited capability for work in accordance with regulation 20, 25, 26, 29 or 33(2),

the assessment phase will end when the limited capability for work determination is made.

Commencement Information

I1 Reg. 5 in operation at 27.10.2008, see reg. 1(1)