The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

Claims not required for entitlement to an employment and support allowance in certain cases E+W+S

[F1 7.— (1) It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where—

(a) the claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, 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.

(2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—

(a)

a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or

(b)

a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.]

Textual Amendments

F1 Reg. 7 substituted (with application in accordance with reg. 2 of the commencing S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 6(2)