PART 2Universal Credit: limited capability for work element
Amendments to the Universal Credit (Transitional Provisions) Regulations 20145
1
The Universal Credit (Transitional Provisions) Regulations 20148 are amended as follows.
2
In regulation 19 (transition from old style ESA)—
a
in paragraph (1), for sub-paragraph (b) substitute—
b
on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).
b
in paragraph (2)—
i
for “was entitled to the work-related activity component” substitute “had limited capability for work (within the meaning of Part 1 of the 2007 Act)”;
ii
omit sub-paragraph (a);
iii
in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;
c
omit paragraph (3);
d
in paragraph (4), for “was entitled to the support component” substitute “had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity”;
e
in paragraph (6), for “was entitled to the work-related activity component or, as the case may be, the support component” substitute “had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)”;
f
in paragraph (8)—
i
for the definition of ““assessment phase”, “support component” and “work-related activity component”” substitute—
“assessment phase” has the same meaning as in the 2007 Act;
ii
for the definition of ““LCW element” and “LCWRA element”” substitute—
“LCWRA element” has the same meaning as in the Universal Credit Regulations.
g
in paragraph (9) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”;
h
after paragraph (9) insert—
10
For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).
3
In regulation 20 (transition from old style ESA before the end of the assessment phase)—
a
in paragraph (2), in sub-paragraph (a) omit “LCW or”;
b
in paragraph (3), omit sub-paragraph (b).
4
In regulation 20A (transition from jobseeker’s allowance following an extended period of sickness), in paragraph (2)(a) omit “LCW or”.
5
In regulation 21 (other claimants with limited capability for work: credits only cases)—
a
in paragraph (2)—
i
omit sub-paragraph (a);
ii
in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;
b
omit paragraph (3);
c
in paragraph (7), omit sub-paragraph (b);
d
in paragraph (9), in sub-paragraphs (d) and (e) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”.