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3. In regulation 3 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) (claims not required for entitlement to benefit in certain cases) for 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 decision of the Department that embodies a determination that the beneficiary does not have limited capability for work, and
(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.”.
S.R. 1987 No. 465; paragraph (j) was added by regulation 13(3)(b) of S.R. 2008 No. 286
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