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5.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.
(2) Regulation 3(2) (claims not required for entitlement to benefit in certain cases) becomes paragraph (1) of regulation 3.
(3) In paragraph (1) for sub-paragraph (j) substitute—
“(j)in the case of an employment and support allowance where—
(i)the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and
(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.”.
(4) After paragraph (1) insert—
“(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.”.
S.I. 1987/1968 amended by S.I. 2010/840; there are other amending instruments but none are relevant.
Amended by the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regulation 2. There are other amending instruments but none are relevant.
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