PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 1SOCIAL SECURITY BENEFITS

Amendment of the Social Security (Medical Evidence) Regulations 197624

In regulation 1 of the Social Security (Medical Evidence) Regulations 1976 (interpretation)36—

a

in paragraph (2)—

i

for the definition of “limited capability for work” substitute—

  • “limited capability for work” has the meaning—

    1. a

      for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act 2007; and

    2. b

      for the purposes of universal credit, given in section 37 of the Welfare Reform Act 2012;

ii

for the definition of “limited capability for work assessment” substitute—

  • “limited capability for work assessment” means the assessment of whether a person has limited capability for work—

    1. a

      for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations;

    2. b

      for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations 2013;

    3. c

      for the purposes of universal credit, under Part 5 of the Universal Credit Regulations 2013;

b

after paragraph (4), insert—

5

For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—

a

“old style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance; and

b

“new style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance.