32.—[F1(1)] A claimant [F2who is or has been a member of Her Majesty’s forces] is to be treated as not having limited capability for work on any day which is recorded by the Secretary of State F3... as a day of sickness absence from duty.
[F4(2) A claimant is to be treated as not having limited capability for work on any day on which the claimant attends a training course in respect of which the claimant is paid a training allowance or premium pursuant to arrangements made under section 2 of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990.
(3) Paragraph (2) is not to apply—
(a)for the purposes of any claim to employment and support allowance for a period commencing after the claimant ceased attending the training course in question; or
(b)where any training allowance or premium paid to the claimant is paid for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 2 of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990.]
Textual Amendments
F1Reg. 32(1): reg 32 renumbered as reg. 32(1) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 5(2)(a)
F2Words in reg. 32(1) inserted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 5(2)(b)
F3Words in reg. 32(1) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(15)
F4Reg. 32(2)(3) added (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 5(2)(c)