Treating a person as having limited capability for work3

1

This regulation applies to a person who makes a claim for universal credit or employment and support allowance or who has an existing award of universal credit or employment and support allowance.

2

Where this regulation applies the person is to be treated as having limited capability for work6 if the person is—

a

Infected, or contaminated, with Coronavirus;

b

in isolation; or

c

caring for a child or qualifying young person who is a member of the person’s household and who falls within paragraph (a) or (b),

and the Department is satisfied that the person should be treated as having limited capability for work.

3

Regulation 26 and 35(6) to (9) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 20167 applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 16 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or Part 5 of the Universal Credit Regulations (Northern Ireland) 2016.

4

Regulation 6(2)(q) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 19998 applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 20 of the Employment and Support Allowance Regulations (Northern Ireland) 20089.