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

ii

made an application for supersession or revision in accordance with the Social Security and Child Support (Decisions and Appeals) Regulations 1999 F1 which contains an express statement that the claimant is terminally ill; F3...

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

iii

the assessment phase had ended in the previous period for which the claimant was entitled to an employment and support allowance F4or that period was more than 13 weeks;F2or

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.