The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Amendment of the Social Security (Medical Evidence) Regulations 1976

24.  In regulation 1 of the Social Security (Medical Evidence) Regulations 1976 (interpretation)(1)—

(a) in paragraph (2)—

(i) for the definition of “limited capability for work” substitute—

““limited capability for work” has the meaning—

(a)

for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act 2007; and

(b)

for the purposes of universal credit, given in section 37 of the Welfare Reform Act 2012;”; and

(ii) for the definition of “limited capability for work assessment” substitute—

““limited capability for work assessment” means the assessment of whether a person has limited capability for work—

(a)

for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations;

(b)

for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations 2013;

(c)

for the purposes of universal credit, under Part 5 of the Universal Credit Regulations 2013;”;

(b) after paragraph (4), insert—

“(5) For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—

(a) “old style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance; and

(b) “new style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance.”.

(1)

S.I. 1976/615; regulation 1(2) has been amended in ways that are not relevant to these Regulations.