PART 8CONDITIONALITY

CHAPTER 5Modification of the Act in relation to claims to which section 5(1)(c) of the Administration Act applies

Modifications of the Act66

1

Where a person has made a claim for an employment and support allowance to which section 5(1)(c) of the Administration Act applies, the Act applies with the following modifications.

2

Section 11(1) of the Act applies—

a

as if for sub-paragraph (a) there were substituted—

a

either—

i

entitled to an employment and support allowance; or

ii

a person who has made a claim for an employment and support allowance  to which regulations under section 5(1)(c) of the Administration Act apply; and

b

as if for “continuing to be” there were substituted “ being ”.

3

Section 12(1) of the Act applies—

a

as if for sub-paragraph (a) there were substituted—

a

either—

i

entitled to an employment and support allowance; or

ii

a person who has made a claim to which section 5 applies; and

b

as if for “continuing to be” there were substituted “ being ”.