Claim for existing award2
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—
a
a claim for incapacity benefit or severe disablement allowance relating to a period of incapacity for work which is one of two periods treated as one period of incapacity for work under section 30C(1)(c) of the Contributions and Benefits Act (linking rules)3;
b
a claim made by a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 19954 (welfare to work beneficiary); or
c
a claim for income support on the grounds of disability where—
i
the claimant was previously entitled to income support on the grounds of disability, for a period of 4 or more consecutive days, and
ii
the claimant ceased to be entitled to income support on the grounds of disability not more than 8 weeks before the commencement of the period in respect of which the current claim is made.
3
Paragraph (1) does not apply insofar as a claim is treated as a claim for severe disablement allowance, 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 19875 (claims treated as claimed in addition or in the alternative).