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3. Regulation 19 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016(1) (transition from old style ESA) is amended as follows—
(a)in paragraph (2)(b), for “the Order.” substitute—
“the Order; and
(c)the claimant is to be treated as if the determination that they have limited capability for work, for the purposes of regulation 14(1)(b) of the Universal Credit Regulations, was made before the date on which the claimant started receiving education (see regulations 12(2) and 13 of the Universal Credit Regulations).”;
(b)in paragraph (4)—
(i)in sub-paragraph (a), omit the “and” at the end;
(ii)in sub-paragraph (b) for “the Order”.” substitute—
“the Order; and
(c)the claimant is to be treated as if the determination that they have limited capability for work and work-related activity, for the purposes of regulation 14(1)(b) of those Regulations, was made before the date on which the claimant started receiving education.”.
S.R. 2016 No. 226, as amended by regulation 3(2) of S.R. 2017 No. 146
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