ComponentsS
18. Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—
(a)the applicant or the applicant's partner has made a claim for employment and support allowance;
(b)the Secretary of State has decided that the applicant or the applicant's partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
(c)either—
(i)the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
(ii)regulation 7 of the Employment and Support Allowance Regulations M1 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
Marginal Citations
M1Regulation 7 was amended by S.I. 2008/3051 and 2010/840.