Claims for an employment and support allowance where no entitlement to statutory sick payE+W+S
17.—(1) Paragraph (2) applies to a claim for an employment and support allowance for a period of limited capability for work in relation to which the claimant gave the claimant's employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 M1 and for which the claimant has been informed in writing by the employer that there is no entitlement to statutory sick pay.
(2) A claim to which this paragraph applies is to be treated as made on the date accepted by the claimant's employer as the first day of incapacity, provided that the claimant makes the claim within the period of 3 months beginning with the day on which the claimant is informed in writing by the employer that the claimant was not entitled to statutory sick pay.
Marginal Citations
M1S.I. 1982/894. Relevant amending instruments are S.I. 1984/385 and 1996/777.