The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018

Amendments to the Jobseeker's Allowance Regulations 2013 E+W+S

4.  In regulation 16 (circumstances in which requirements must not be imposed) of the Jobseeker's Allowance Regulations 2013 M1 —

(a) in paragraph (1), for “(4) or (5)”, in both places it occurs, substitute “ (4), (5) or (5B) ”;

(b) in paragraph (2), for “(4) or (5)” substitute “ (4), (5) or (5B) ”;

(c) after paragraph (5) insert—

“(5A) Paragraph (5) does not apply to a claimant—

(a) if it has previously been determined on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013 or Part 4 or 5 of the Employment and Support Allowance Regulations 2013 that the claimant does not have limited capability for work; and

(b) the condition specified in the evidence provided by the claimant in accordance with paragraph (5)(b) is in the opinion of the Secretary of State the same, or substantially the same, as the condition specified in the evidence provided by the claimant before the date of the determination that the claimant does not have limited capability for work.

(5B) This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with section 6D(4) of the Act M2 , because paragraph (5) would apply to the claimant but for paragraph (5A).”.