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The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

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Claims not required for entitlement to employment and support allowance in certain cases

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6.—(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 Department; 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 an appeal tribunal, a Commissioner, the Court of Appeal or the Supreme Court;

“relevant decision” means—

(a)

a decision that embodies the first determination by the Department that the claimant does not have limited capability for work; or

(b)

a decision that embodies the first determination by the Department that the claimant does not have limited capability for work since a previous determination by the Department or appellate authority that the claimant does have limited capability for work.

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