The Employment and Support Allowance Regulations 2008 No. 794

PART 5 E+W+S LIMITED CAPABILITY FOR WORK

Claimant who claims jobseeker's allowance to be treated as not having limited capability for work E+W+S

31.—(1) A claimant who—

(a) claims a jobseeker's allowance; and

(b) is able to show a reasonable prospect of obtaining employment,

is, throughout the period of that claim, to be treated as not having limited capability for work.

(2) Paragraph (1) applies even though it has been determined that the claimant—

(a) has limited capability for work; or

(b) is to be treated as having limited capability for work under any of regulations 20 (certain claimants to be treated as having limited capability for work), 25 (hospital in-patients), 26 (claimants undergoing certain regular treatment) or 29 (exceptional circumstances).