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[F13. The cases referred to in paragraph 2 are where—E+W+S
(a) entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of paragraph 6(1)(a) of Schedule 1 to the Welfare Reform Act ;
(b) a child or young person referred to in regulation 156(6)(d) or (h) of the Employment and Support Allowance Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;
(c) a person referred to in paragraph 12 of Schedule 5 to the Employment and Support Allowance Regulations —
(i)ceases, or is expected to cease, to be a patient; or
(ii)a member of the person’s family ceases, or is expected to cease, to be a patient,
in either case for a period of less than a week;
(d) a person referred to in paragraph 3 of Schedule 5 to the Employment and Support Allowance Regulations —
(i)ceases to be a prisoner; or
(ii)becomes a prisoner;
(e)during the currency of the claim a claimant makes a claim for a relevant social security benefit—
(i)the result of which is that his benefit week changes; or
(ii)in accordance with regulation 13 of the Claims and Payments Regulations and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.]
[F2(f)regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 (persons in care homes) applies, or ceases to apply, to the claimant for a period of less than one week; or
(g)regulations under section 85(1) of the Welfare Reform Act 2012 (care home residents) apply, or cease to apply, to the claimant for a period of less than one week.]
Textual Amendments
F1Sch. 3C inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 43
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