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There are currently no known outstanding effects for the The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013, Section 7.
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[F17.—(1) It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where—
(a)the claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, and
(b)the appeal relates to a decision to terminate or not to award an employment and support allowance for which a claim was made.
(2) In this regulation—
“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and
“relevant decision” means—
a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or
a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.]
Textual Amendments
F1Reg. 7 substituted (with application in accordance with reg. 2 of the commencing S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 6(2)
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