Other decisions relating to an employment and support allowanceU.K.
15.—(1) A decision awarding an employment and support allowance may be revised in any of the following circumstances.
(2) The first circumstance is where—
(a)the decision was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and
(b)the appeal in relation to the original decision is successful.
(3) The second circumstance is where—
(a)the decision incorporates a determination that the conditions in regulation 26(2) (conditions for treating claimant as having limited capability for work until a determination about limited capability for work has been made) of the Employment and Support Allowance Regulations 2013 are satisfied;
(b)those conditions were not satisfied when the claim was made; and
(c)a decision falls to be made concerning entitlement to that award in respect of a period before the date on which the award took effect.
(4) The third circumstance is where the claimant's current period of limited capability for work is treated as a continuation of another such period under regulation 86 (linking period) of the Employment and Support Allowance Regulations 2013.
[F1(4A) The fourth circumstance is where the decision—
(a)immediately follows the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and
(b)is not a decision which embodies a determination that the person is treated as having limited capability for work under regulation 26 of the Employment and Support Allowance Regulations 2013 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).]
(5) A decision terminating a person's entitlement to an employment and support allowance may be revised where—
(a)that entitlement was terminated because of section 1A (duration of contributory allowance) of the 2007 Act M1; and
(b)it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity.
Textual Amendments
F1Reg. 15(4A) inserted (30.3.2015) by The Jobseeker's Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 8(2)
Marginal Citations
M1Section 1A was inserted by section 51 of the 2012 Act.