PART 2THE ASSESSMENT PHASE
Circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply7
1
Subject to paragraph (2), sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a) of the Act do not apply where—
a
a claimant is terminally ill and has either—
i
made a claim expressly on the ground of being terminally ill; or
b
i
a period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1) or (2);
ii
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work; and
c
i
the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end;
ii
in relation to that entitlement to income support, immediately before it ended the claimant’s applicable amount included the disability premium by virtue of satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations; and
iii
that entitlement to income support ended solely by virtue of the coming into force, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008.
2
Paragraph (1)(b) does not apply F5to any period of limited capability for work to which regulation 147A(2) applies until the determination of limited capability for work has been made following the determination of the appeal by the First-tier Tribunal.