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144.—(1) A claimant is not entitled to an employment and support allowance in respect of 3 days at the beginning of a period of limited capability for work.
(2) Paragraph (1) does not apply where—
(a)the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support, state pension credit, a jobseeker’s allowance, a carer’s allowance or statutory sick pay coming to an end;
(b)the claimant is terminally ill and has—
(i)made a claim expressly on the ground of being terminally ill; or
(ii)made an application for supersession or revision in accordance with the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) which contains an express statement of being terminally ill; or
(c)the claimant has been discharged from being a member of Her Majesty’s forces and 3 or more days immediately before that discharge were days of sickness absence from duty, which are recorded by the Secretary of State for Defence.
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