The Employment and Support Allowance Regulations (Northern Ireland) 2016

The end of the assessment phase

5.—(1) Subject to paragraphs (2) and (3) and regulation 6, the assessment phase in relation to a claimant ends on the last day of the relevant period.

(2) Where paragraph (3) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.

(3) This paragraph applies where, at the end of the relevant period—

(a) the claimant has not been assessed in accordance with a limited capability for work assessment; and

(b) the claimant has not been being treated as having limited capability for work in accordance with regulation 16, 21, 22 or 25.

(4) In this regulation “the relevant period” means the period of 13 weeks beginning with—

(a) the first day of the assessment phase as determined under section 24(2)(a) of the Act; or

(b) where that day immediately follows an extended period of sickness, the first day of the extended period of sickness.

(5) In paragraph (4) “extended period of sickness” means a period in which the claimant was—

(a) entitled to a jobseeker’s allowance; and

(b) treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) or regulation 46 of the Jobseeker’s Allowance Regulations (extended periods of sickness).

(1)

S.R. 1996 No. 198; Regulation 55ZA was inserted by regulation 2(5) of S.R. 2015 No. 138.