2.—(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.
(2) Paragraph (1) does not apply to—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(d)a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance; or
(e)a claim for incapacity benefit made by a claimant who is entitled to income support on the grounds of disability.]
(3) Paragraph (1) does not apply insofar as a claim is treated as a claim for F3..., maternity allowance or carer's allowance under regulation 9(1) of and Part 1 of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987 M1 (claims treated as claimed in addition or in the alternative).
Textual Amendments
F1Reg. 2(2)(a)-(c) revoked (31.1.2011) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(3), 24 (with reg. 3)
F2Reg. 2(2)(d) - Reg. 2(2)(e) added (26.10.2008) by Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008 (S.I. 2008/2783), regs. 1, 2(b)
F3Words in reg. 2(3) omitted (1.10.2010) by virtue of Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 4 para. 68 (with reg. 3)
Marginal Citations
M1S.I. 1987/1968 relevant amending instruments are S.I. 1988/522, 1990/2208, 1991/2741, 1992/2593, 1994/2943, 1996/1460, 1999/2572, 2000/1483, 2002/2497, 2005/1551.