The Employment and Support Allowance Regulations 2008

Certain claimants to be treated as having limited capability for work E+W+S

20.— [F1 (1)] A claimant is to be treated as having limited capability for work if—

(a) the claimant is terminally ill;

[F2 (b) the claimant is—

(i) receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii) likely to receive such treatment within six months after the date of the determination of capability for work; or

(iii) recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.]

(c) the claimant is—

(i) excluded or abstains from workF3 ... pursuant to a request or notice in writing lawfully made [F4 or given] under an enactment; or

(ii) otherwise prevented from working pursuant to an enactment,

[F5 by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination];

(d) in the case of a pregnant woman, there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work;

(e) in the case of a pregnant woman, she—

(i) is within the maternity allowance period [F6 (which has the meaning it has in F7 ... the Contributions and Benefits Act)]; and

(ii) is entitled to a maternity allowance under section 35(1) [F8 or 35B(1)] of the Contributions and Benefits Act F9 ;

(f) in the case of a pregnant woman whose expected or actual date of confinement has been certified in accordance with the Medical Evidence Regulations, on any day in the period—

(i) beginning with the first date of the 6th week before the expected week of her confinement or the actual date of her confinement, whichever is earlier; and

(ii) ending on the 14th day after the actual date of her confinement,

if she would have no entitlement to a maternity allowance or statutory maternity pay were she to make a claim in respect of that period.

[F10 (g) [F11 the claimant meets] any of the descriptors at paragraph 15 or 16 of Schedule 3 [F12 in accordance with regulation 34(2), (3) and (6) where applicable].]

[F13 (2) In this regulation, “relevant infection or contamination” means—

(a) in England and Wales—

(i) any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984 in respect of which regulations are made under Part 2A of that Act (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread; or

(ii) tuberculosis or any infectious disease to which regulation 9 of the Public Health (Aircraft) Regulations 1979 (powers in respect of persons leaving aircraft) applies or to which regulation 10 of the Public Health (Ships) Regulations 1979 (powers in respect of certain persons on ships) applies; and

(b) in Scotland, any—

(i) infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008, or exposure to an organism causing that disease; or

(ii) contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.]

Textual Amendments

F1 Reg. 20(1): reg. 20 renumbered as reg. 20(1) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(a)

F2 Reg. 20(b) substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 3(3)

F3 Words in reg. 20(1)(c)(i) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(b)(i)

F4 Words in reg. 20(1)(c)(i) inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(b)(ii)

F5 Words in reg. 20(c) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(4)

F6 Words in reg. 20(1)(e)(i) inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(c)

F7 Words in reg. 20(1)(e)(i) omitted (18.5.2014) by virtue of The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 5(3)(a)

F8 Words in reg. 20(1)(e)(ii) inserted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 5(3)(b)

F9 1992 c. 4. Amended by section 53 of the Welfare Reform and Pensions Act 1999 (c. 30).

F10 Reg. 20(g) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011 (S.I. 2011/228), regs. 1(1), 3(2)(b)

F11 Words in reg. 20(1)(g) inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(d)(i)

F12 Words in reg. 20(1)(g) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(d)(ii)

F13 Reg. 20(2) inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(8)(e)