The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013

(17) For paragraph 18 substitute(1)—

“18.   Regulation 7 (claims not required for entitlement to an employment and support allowance in certain cases) is to read as if—

(a) the existing provisions were renumbered as paragraph (1);

(b) after paragraph (1) there were inserted—

“(2) It is also not to be a condition of entitlement to an employment and support allowance that a claim be made for it where any of the following conditions are met—

(a) the claimant—

(i) has made and is pursuing an appeal against a conversion decision made by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 which embodies a determination that the beneficiary does not have limited capability for work; or

(ii) was entitled to an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and has made and is pursuing an appeal against a later decision which embodies a determination that the claimant does not have limited capability for work; or

(b) the claimant is entitled to an existing award which is subject to conversion under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010.”.”.

(1)

Paragraph 18 was amended by S.I. 2010/840 and 2010/2430.