b

the person is entitled to attendance allowance, disability living allowance or personal independence payment and it has been determined—

i

that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 of these Regulations4 or Part 4 or 5 of the ESA Regulations5;

ii

that the person is to be treated as having limited capability for work under Schedule 86 or limited capability for work and work-related activity under Schedule 9;

iii

that the person is to be treated as having limited capability for work or limited capability for work and work-related activity under regulation 19(2)(b) or (4)(b) of the Universal Credit (Transitional Provisions) Regulations 20147,

and that determination was made on or before the date of claim to universal credit, where the person is receiving education on the date the claim is made, or the date on which the person starts receiving education, where the person starts receiving education after the date of claim to universal credit;

2

Where regulation 9(6)(a) or 9(10) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 20138 (award of universal credit without a claim) applies to a person who is receiving education, paragraph (1)(b) is to be read as if each reference to “date of claim” was a reference to “date of award”.