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The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

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Amendment of regulation 10

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36.  For regulation 10 (effect of a determination as to capacity for work) substitute—

Effect of determination as to capacity or capability for work

10.(1) This regulation applies to a determination whether a person—

(a)is capable or incapable of work;

(b)is to be treated as capable or incapable of work;

(c)has or does not have limited capability for work; or

(d)is to be treated as having or not having limited capability for work.

(2) A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision..

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