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Reg. 40 of the UC etc (D&A) Regs, made under s.17(2) SSA 1998,
Hi
Would Reg. 40 of the UC etc (D&A) Regs, made under s.17(2) SSA 1998, apply is a claimant was currently in receipt of Income Related ESA, then received a short custodial sentence (3 months), and on release made a claim for UC
I think they no longer have limited capability for work unfortunately Rhian.
See reg 159 of the ESA Regs 2008.