PART 11SUPPLEMENTARY PROVISIONS
CHAPTER 1Miscellaneous
Advance awards146
1
Where section 5 of the Act (advance award of income-related allowance) applies to a claim and the claimant satisfies the conditions in paragraph (3)—
a
the claim is to be treated as if made for a period from the relevant day; and
b
the Secretary of State may award an employment and support allowance from the relevant day.
2
In this regulation the “relevant day” is the day after the end of a period of 13 weeks beginning on the first day on which the claimant would be entitled to an income-related allowance if the claimant satisfied the condition in paragraph 6(1)(a) of Schedule 1 to the Act.
3
The conditions are that—
a
the Secretary of State is of the opinion that unless there is a change of circumstances the claimant will satisfy the conditions set out in section 1(3)(b) to (f) of, and Part 2 of Schedule 1 to, the Act when an income-related allowance becomes payable under the award; and
b
the claimant is treated as having limited capability for work under regulation 20, 25, 26, F130 or 33(2) (conditions for treating a person as having limited capability for work) for the period before an income-related allowance becomes payable under the award.
4
Where an award is made under paragraph (1)—
a
the award for an employment and support allowance will become payable on the date on which the claimant would have been entitled to a main phase employment and support allowance if the claimant had satisfied the condition in paragraph 6(1)(a) of Schedule 1 to the Act before the relevant day;
b
sections 4(4)(a) and 4(5)(a) of the Act do not apply to that award.