PART 4Amendments to the ESA Regulations

Amendment to regulation 64 of the ESA Regulations (cessation of reduction)18

1

Regulation 64 of the ESA Regulations is amended as follows.

2

For paragraph (1) substitute—

1

Any reduction imposed as a result of a failure determination which resulted from a failure to undertake work-related activity in accordance with the Employment and Support Allowance (Work-Related Activity) Regulations 2011 ceases to have effect if—

a

the claimant complies with a requirement to undertake the work-related activity specified in the action plan or, where permitted by the Secretary of State, an alternative activity;

b

the claimant subsequently ceases to be subject to a requirement to undertake work-related activity; or

c

the Secretary of State decides it is no longer appropriate to require the person to undertake work-related activity at that time.

3

After paragraph (1) insert—

1A

The Secretary of State must notify the person in writing—

a

where an alternative activity is permitted under paragraph (1)(a), by inclusion of that activity in the action plan; and

b

of any decision under paragraph (1)(c).

4

In paragraph (2)(a) for “attend” substitute “take part in”.