The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are amended as follows.

(2) In regulation 3 (revision of decisions), after paragraph (5I)(2) insert—

“(5J) A decision by the Secretary of State under section 8 awarding an employment and support allowance may be revised at any time where—

(a) it is made immediately following the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and

(b) it is not a decision which embodies a determination that the claimant is treated as having limited capability for work under regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).”.

(3) In regulation 7 (date from which a decision superseded under section 10 takes effect) in paragraph (38)(3), for “the beginning of the 14th week of entitlement” substitute “the day after the last day of the relevant period as defined in regulation 4(4) of the Employment and Support Allowance Regulations”.

(1)

S.I.1999/991.

(2)

Regulation 3(5I) was inserted by S.I.2012/913.

(3)

Regulation 7(38) was inserted by S.I.2010/840.