3.—(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 work(1) 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) 2016(2) 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) 1999(3) 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) 2008(4).
See section 1(4) of the Welfare Reform Act (Northern Ireland) 2007 and section 43(1) of the Welfare Reform (Northern Ireland) Order 2015.
S.R. 1999 No. 162; relevant amending Regulation is S.R. 2010 No. 200
S.R. 2008 No. 280; relevant amending Regulations are S.R. 2011 No. 357 and S.R. 2013 No. 246