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”.