Social Security Citation and commencement 1 These Regulations may be cited as the Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015 and come into force on 30th March 2015. Amendment of the Jobseeker’s Allowance Regulations 1996 2 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 14(1) (circumstances in which a person is to be treated as available)— a in sub-paragraph (l) , after “regulation 55,” insert “55ZA or 55A,”; b omit sub-paragraph (ll) . 3 In regulation 19 (circumstances in which a person is to be treated as actively seeking employment), after paragraph (1)(l) , insert— lzl in any week during which he is treated as capable of work or as not having limited capability for work under regulation 55ZA unless it would be reasonable for him to take steps in that week to seek employment and he has not taken such steps; . 4 In regulation 55 (short periods of sickness)— a in paragraph (1) — i in sub-paragraph (c), for “but for his disease or disablement, would satisfy” substitute “during the period of his disease or disablement, satisfies”; ii after “employment and support allowance,” insert “universal credit,”; b in paragraph (3), for “The preceding provisions of this regulation shall” substitute “Paragraph (1) does”; c in paragraph (4) , for “The preceding provisions of this regulation do” substitute “Paragraph (1) does”; d in paragraph (5) , for The preceding provisions of this regulation shall” substitute “Paragraph (1) does”; e after paragraph (5), insert— 6 Paragraph (1) does not apply to any person— a during any period where the person is treated as capable of work or as not having limited capability for work under regulation 55ZA (extended period of sickness); or b where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 55ZA. . 5 After regulation 55 insert— Extended period of sickness 55ZA 1 This regulation applies to a person who— a has been awarded a jobseeker’s allowance; b proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; c either— i declares that he has been unable to work, or expect to be unable to work, on account of that disease or disablement for more than 2 weeks but he does not expect to be unable to work on account of that disease or disablement for more than 13 weeks; or ii is not a person to whom regulation 55(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation; d during the period of his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (availability for and actively seeking employment and capable of work or not having limited capability for work); and e has not stated in writing that for the period of his disease or disablement he proposes to claim or has claimed an employment and support allowance or universal credit. 2 The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is— a evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of a doctor’s statement or other evidence required in each case); and b any such additional information as the Secretary of State may request. 3 The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing, in a form approved for the purposes by the Secretary of State, that the person has been unfit for work from a date or for a period specified in the declaration. 4 Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which he is unable to work on account of the disease or disablement (“the first day”) and ending on— a the last such day; or b if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day. 5 This regulation does not apply to a person on more than one occasion in any one period of 12 months starting on the first day applying for the purpose of paragraph (4). 6 Paragraphs (4) and (5) of regulation 55 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 55. . Amendment of the Jobseeker’s Allowance Regulations 2013 3 1 The Jobseeker’s Allowance Regulations 2013 are amended as follows. 2 After regulation 16 (circumstances in which requirements must not be imposed) insert— Further circumstances in which requirements must not be imposed 16A 1 This regulation applies in the case of a claimant who is treated as capable of work or as not having limited capability for work under regulation 46A (extended period of sickness). 2 Where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement— a the Secretary of State must not impose a work search requirement on the claimant; and b a work search requirement previously applying to the claimant ceases to have effect from the date on which the claimant is first treated as capable of work or as not having limited capability for work under regulation 46A. 3 Paragraph (4) applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work availability requirement to be able and willing to— a take up work; and b attend an interview. 4 Where this paragraph applies, “able and willing to take up work” under a work availability requirement means able and willing to take up paid work and to attend an interview, immediately once the claimant ceases to be treated as capable of work or as not having limited capability for work under regulation 46A. 5 Paragraph (6) applies where the Secretary of State is satisfied that it would be— a unreasonable to require the claimant to comply with a work availability requirement to be able and willing to take up work; and b reasonable to require the claimant to comply with a work availability requirement to be able and willing to attend an interview. 6 Where this paragraph applies, “able and willing to take up work” under a work availability requirement means— a able and willing to take up paid work immediately once the claimant ceases to be treated as capable of work or as not having limited capability for work under regulation 46A; and b able and willing to attend an interview before the claimant ceases to be so treated. . 3 In regulation 46 (short periods of sickness)— a in paragraph (1)— i in sub-paragraph (a) omit “satisfies the requirements for entitlement to a jobseeker’s allowance or”; ii in sub-paragraph (c) for “but for their disease or disablement, would satisfy” substitute “during the period of their disease or disablement, satisfies”; iii at the end insert “or universal credit”; b in paragraphs (3), (4) and (5) for “The preceding provisions of this regulation do” substitute “Paragraph (1) does”; c after paragraph (5) insert— 6 Paragraph (1) does not apply to any person— a during any period where the person is treated as capable of work or as not having limited capability for work under regulation 46A (extended period of sickness); or b where the first day in respect of which that person would, apart from this sub-paragraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 46A. . 4 After regulation 46 insert— Extended period of sickness 46A 1 This regulation applies to a person who— a has been awarded a jobseeker’s allowance or is a person to whom any of the circumstances mentioned in section 6J(2) or (3) or 6K(2) of the Act apply; b proves to the satisfaction of the Secretary of State that they are unable to work on account of some specific disease or disablement; c either— i declares that they have been unable to work, or expect to be unable to work, on account of that disease or disablement for more than 2 weeks but they do not expect to be unable to work on account of that disease or disablement for more than 13 weeks; or ii is not a person to whom regulation 46(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation; d during the period of their disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance except those specified in section 1(2)(f) (capable of work or not having limited capability for work); and e has not stated in writing that for the period of the disease or disablement they propose to claim or have claimed an employment and support allowance or universal credit. 2 The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is— a evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of a doctor’s statement or other evidence required in each case); and b any such additional information as the Secretary of State may request. 3 The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing, in a form approved for the purposes by the Secretary of State, that the person has been unfit for work from a date or for a period specified in the declaration. 4 Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which the person is unable to work on account of the disease or disablement (“the first day”) and ending on— a the last such day; or b if that period would otherwise exceed thirteen weeks, the day which is thirteen weeks after the first day. 5 This regulation does not apply to a person on more than one occasion in any one period of twelve months starting on the first day applying for the purpose of paragraph (4). 6 Paragraphs (4) and (5) of regulation 46 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 46. . Amendment of the Employment and Support Allowance Regulations 2008 4 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 4 (the end of the assessment phase) — a in paragraph (1) for the words from “a period of 13 weeks” to the end substitute “the relevant period”; b in paragraph (3) for “the 13 week period referred to in paragraph (1)” substitute “the relevant period”; c after paragraph (3) insert— 4 In this regulation, “the relevant period” means the period of 13 weeks beginning with— a the first day of the assessment phase as determined under section 24(2)(a) of the Act; or b where that day immediately follows an extended period of sickness, the first day of the extended period of sickness. 5 In paragraph (4), “extended period of sickness” means a period in which the claimant was— a entitled to a jobseeker’s allowance; and b treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness). . 3 In regulation 5 (the assessment phase-previous claimants), after paragraph (1) insert— 1A For the purposes of paragraph (1), any period when the claimant was— a entitled to a jobseeker’s allowance; and b treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013, is to be treated as a period when the claimant was previously entitled to an employment and support allowance. Amendment of the Employment and Support Allowance Regulations 2013 5 1 The Employment and Support Allowance Regulations 2013 are amended as follows. 2 In regulation 5 (the end of the assessment phase)— a in paragraph (1) for the words from “a period of 13 weeks” to the end substitute “the relevant period”; b in paragraph (3) for “the 13 week period referred to in paragraph (1)” substitute “the relevant period”; c after paragraph (3) insert— 4 In this regulation, “the relevant period” means the period of 13 weeks beginning with— a the first day of the assessment phase as determined under section 24(2)(a) of the Act; or b where that day immediately follows an extended period of sickness, the first day of the extended period of sickness. 5 In paragraph (4), “extended period of sickness” means a period in which the claimant was— a entitled to a jobseeker’s allowance; and b treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness). . 3 In regulation 6 (the assessment phase-previous claimants), after paragraph (1) insert— 1A For the purposes of paragraph (1), any period when the claimant was— a entitled to a jobseeker’s allowance; and b treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013, is to be treated as a period when the claimant was previously entitled to an employment and support allowance. . Amendment of the Universal Credit (Transitional Provisions) Regulations 2014 6 After regulation 20 of the Universal Credit (Transitional Provisions) Regulations 2014 insert— Transition from jobseeker’s allowance following an extended period of sickness 20A 1 This regulation applies where— a the claimant’s first day of entitlement to universal credit (“the relevant date”), immediately follows the claimant’s last day of entitlement to a jobseeker’s allowance; and b immediately before the relevant date, the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations 1996 or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness). 2 Where this regulation applies— a regulation 28(2) of the Universal Credit Regulations (period for which LCW or LCWRA element is not to be included) does not apply; and b for the purposes of regulation 28 of those Regulations, the relevant period is the period starting with the first day of the period for which the claimant was treated as capable of work or as not having limited capability for work as specified in paragraph (1)(b). . Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 7 1 The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows. 2 In regulation 3 (revision of decisions), after paragraph (5I) insert— 5J A decision by the Secretary of State under section 8 awarding an employment and support allowance may be revised at any time where— a it is made immediately following the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and b it is not a decision which embodies a determination that the claimant is treated as having limited capability for work under regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made). . 3 In regulation 7 (date from which a decision superseded under section 10 takes effect) in paragraph (38) , for “the beginning of the 14th week of entitlement” substitute “the day after the last day of the relevant period as defined in regulation 4(4) of the Employment and Support Allowance Regulations”. Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 8 1 The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 are amended as follows. 2 In regulation 15 (other decisions relating to an employment and support allowance), after paragraph (4) insert— 4A The fourth circumstance is where the decision— a immediately follows the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and b is not a decision which embodies a determination that the person is treated as having limited capability for work under regulation 26 of the Employment and Support Allowance Regulations 2013 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made). . 3 In regulation 35 (effective dates: Secretary of State decisions), in paragraph (7), for “the beginning of the 14th week of entitlement” substitute “the day after the last day of the relevant period as defined in regulation 5(4) of the Employment and Support Allowance Regulations 2013”. Signed by authority of the Secretary of State for Work and Pensions. Mark Harper Minister of State Department for Work and Pensions 23rd February 2015