Claims not required for entitlement to an employment and support allowance in certain casesE+W+S
This section has no associated Explanatory Memorandum
7. It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where the following conditions are met—
(a)the claimant has made, and is pursuing, an appeal against a decision of the Secretary of State that embodies a determination that the claimant does not have limited capability for work; and
(b)the appeal relates to a decision to terminate or not to award an employment and support allowance for which a claim was made.