The Employment and Support Allowance (Amendment) Regulations 2012

Application, transitional and savings provisions

2.—(1) Subject to paragraphs (2) and (3), these Regulations apply to—

(a) a person who makes a claim for an employment and support allowance on or after the commencement date (including a claim in respect of any period beginning before that date);

(b) a person who made a claim for an employment and support allowance before the commencement date in respect of whom a determination is made on or after that date—

(i) as to whether that person has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations, or

(ii) as to whether that person has or is to be treated as having limited capability for work-related activity under Part 6 of those Regulations;

(c) a person who is entitled to an employment and support allowance immediately before the commencement date in respect of whom, on or after that date—

(i) the Secretary of State determines afresh under regulation 19(7) of the ESA Regulations whether the person has or is to be treated as having limited capability for work, or;

(ii) the Secretary of State determines afresh under regulation 34(4) of the ESA Regulations whether the person has or is to be treated as having limited capability for work-related activity; and

(d) a notified person within the meaning of regulation 4 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010(1) in respect of whom a determination is made on or after the commencement date as to whether that person—

(i) has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations, or

(ii) is to be treated as having limited capability for work-related activity under Part 6 of those Regulations.

(2) Where a person has been issued with a questionnaire which relates to the provisions of Schedule 2 of the ESA Regulations as they had effect immediately before the commencement date, regulation 5 does not apply for the purposes of making a determination on or after that date as to that person’s limited capability for work under Part 5 of the ESA Regulations and, for those purposes, the provisions of Schedule 2 of the ESA Regulations are to continue to apply in respect of that person as they had effect immediately before the commencement date.

(3) Where a person has been issued with a questionnaire which relates to the provisions of Schedule 3 of the ESA Regulations as they had effect immediately before the commencement date, regulation 6 does not apply for the purposes of making a determination on or after that date as to that person’s limited capability for work under Part 6 of the ESA Regulations and, for those purposes, the provisions of Schedule 3 of the ESA Regulations are to continue to apply in respect of that person as they had effect immediately before the commencement date.

(4) The provisions of paragraphs (2) to (3) do not apply to any determination made in respect of a person on or after 28^th July 2013.

(1)

S.I. 2010/1907. Regulation 4 provides that a notified person is a person to whom a notice is issued. A notice may be issued to any person who is entitled to an existing award. The issue of the notice begins the conversion phase in relation to that person with effect from the date if issue. An existing award is an award of incapacity benefit, severe disablement allowance, or income support on the grounds of incapacity (as defined by paragraph 11 of Schedule 4 to the Welfare Reform Act 2007 (2007c.5)).