- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
4. In regulation 16 (circumstances in which requirements must not be imposed) of the Jobseeker’s Allowance Regulations 2013(1)—
(a)in paragraph (1), for “(4) or (5)”, in both places it occurs, substitute “(4), (5) or (5B)”;
(b)in paragraph (2), for “(4) or (5)” substitute “(4), (5) or (5B)”;
(c)after paragraph (5) insert—
“(5A) Paragraph (5) does not apply to a claimant—
(a)if it has previously been determined on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013 or Part 4 or 5 of the Employment and Support Allowance Regulations 2013 that the claimant does not have limited capability for work; and
(b)the condition specified in the evidence provided by the claimant in accordance with paragraph (5)(b) is in the opinion of the Secretary of State the same, or substantially the same, as the condition specified in the evidence provided by the claimant before the date of the determination that the claimant does not have limited capability for work.
(5B) This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with section 6D(4) of the Act(2), because paragraph (5) would apply to the claimant but for paragraph (5A).”.
Section 6D was inserted by section 49 of the Welfare Reform Act 2012.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: