Citation and commencement

1. These Regulations may be cited as the Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 and come into force on 30th March 2015.

Application

2. —(1) These Regulations apply to a person who falls within paragraph (2).

(2) A person falls within this paragraph where he or she—

(a) makes or is treated as making a claim for an employment and support allowance on or after 30th March 2015; or

(b) makes and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the person does not have limited capability for work, and that decision was made in respect of a claim made, or treated as made, on or after 30th March 2015.

(3) For the purposes of paragraph (2) “employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007.

Amendment of the Employment and Support Allowance Regulations 2008

3. —(1)The Employment and Support Allowance Regulations 2008( 4 ) are amended as follows.

(2) In regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made)—

(a) for paragraph (2)(b)( 5 ) substitute—

“ (b) in relation to the claimant’s entitlement to any benefit, allowance or advantage which is dependent on the claimant having limited capability for work, it has not been determined—

(i) in the last determination preceding the date of claim for an employment and support allowance, that the claimant does not have limited capability for work; or

(ii) within the 6 months preceding the date of claim for an employment and support allowance, that the claimant is to be treated as not having limited capability for work under regulation 22 or 23,

unless paragraph (4) applies; ” ;

(b) for paragraph (3)( 6 ) substitute—

“ (3) Paragraph 2(b) does not apply where a claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, and that appeal has not yet been determined by the First-tier Tribunal. ” ; and

(c) after paragraph (4) insert—

“ (5) In this regulation a “relevant decision” means—

(a) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or

(b) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.

(6) In this regulation, “appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court. ” .

(3) For regulation 147A(1)( 7 ) (claimants appealing a decision) substitute—

“ (1) This regulation applies where a claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State as defined in regulation 30. ” .

Amendment of the Employment and Support Allowance Regulations 2013

4. —(1)The Employment and Support Allowance Regulations 2013( 8 ) are amended as follows.

(2) In regulation 26 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made)—

(a) for paragraph (2)(b) substitute—

“ (b) in relation to the claimant’s entitlement to any benefit, allowance or advantage which is dependent on the claimant having limited capability for work, it has not been determined—

(i) in the last determination preceding the date of claim for an employment and support allowance, that the claimant does not have limited capability for work; or

(ii) within the 6 months preceding the date of claim for an employment and support allowance, that the claimant is to be treated as not having limited capability for work under regulation 18 or 19,

unless paragraph (4) applies. ” ;

(b) for paragraph (3) substitute—

“ (3) Paragraph 2(b) does not apply where a claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, and that appeal has not yet been determined by the First-tier Tribunal. ” ; and

(c) after paragraph (4) insert—

“ (5) In this regulation a “relevant decision” means—

(a) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or

(b) a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.

(6) In this regulation “appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court. ” .

(3) For regulation 87(1) (claimants appealing a decision) substitute—

“ (1) This regulation applies where a claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State as defined in regulation 26. ” .

Amendment of the Social Security (Claims and Payments) Regulations 1987

5. —(1)The Social Security (Claims and Payments) Regulations 1987( 9 ) are amended as follows.

(2) Regulation 3( 10 ) (claims not required for entitlement to benefit in certain cases) becomes paragraph (1) of regulation 3.

(3) In paragraph (1) for sub-paragraph (j) substitute—

“ (j) in the case of an employment and support allowance where—

(i) the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(ii) that appeal relates to a decision to terminate or not to award a benefit for which a claim was made. ” .

(4) After paragraph (1) insert—

“ (2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

6. —(1)The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013( 11 ) are amended as follows.

(2) For regulation 7 (claims not required for entitlement to an employment and support allowance in certain cases) substitute—

“ 7. —(1) It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where—

(a) the claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(b) the appeal relates to a decision to terminate or not to award an employment and support allowance for which a claim was made.

(2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—

Amendment of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

7. For paragraph 10 of Schedule 2 (modifications of the 2008 Regulations) to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010( 12 ) substitute—

“ (10)Regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) is to be read as if, for paragraph (3), there was substituted—

“ (3) Paragraph (2)(b) does not apply where a claimant has made and is pursuing an appeal against a conversion decision that embodies a determination that the claimant does not have limited capability for work and that appeal has not yet been determined by the First-tier Tribunal.”. ” . ”