xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1SCHEDULE 5THE GATEWAY CONDITIONS

Textual Amendments

Modifications etc. (not altering text)

Existing benefits

3.—(1) The claimant must not be entitled to—

[F2(a)old style ESA;

(b)old style JSA;

(c)income support;]

(d)incapacity benefit or severe disablement allowance, as defined in Schedule 4 to the 2007 Act;

(e)disability living allowance F3...; or

(f)personal independence payment F4....

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The claimant must not be awaiting—

[F6(a)a decision on a claim for—

(i)any benefit mentioned in sub-paragraph (1)(a) to (c);

(ii)a tax credit; or

(iii)housing benefit;]

(b)the outcome of an application—

(i)to the Secretary of State to consider whether to revise, under section 9 of the Social Security Act 1998, a decision that the claimant is not entitled to old style JSA, old style ESA or income support; or

(ii)to the relevant authority (within the meaning of the Child Support, Pensions and Social Security Act 2000) to consider whether to revise, under Schedule 7 to that Act, a decision that the claimant is not entitled to housing benefit.

(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c), the Secretary of State must be satisfied—

(a)that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court, is not ongoing; and

(b)where an appeal has been finally determined, that there is no possibility of a further appeal by any party.

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments