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Is UC Reg 28(5)(b)(ii) obsolete?
I am still wearing “L” plates when it comes to work capability issues, so wanted to check this.
Reg 28(5)(b)(ii) says there is no “relevant period” when the claimant claims UC immediately after time-limited ESA(c) has expired. But since that time-limited award must have been in the WRAG group, and must have commenced more recently than April 2017, the claimant is not in line for a UC element anyway.
Is there a plausible scenario in which that reg would need to be relied on?
Thanks
The only possibility I can think of is someone who claimed ESA before April 2017 and was initially found to have LCWRA placed in the Support Group. Then has been reassessed and found to only have LCW within the last year?
I agree that in that case Reg 28(5)(b)(ii) would apply, but in that case the amendments made in April 2017 don’t apply anyway.
I can’t see any need for Reg 28(5)(b)(ii) in a case where the 2017 amendments apply, so yes they should have removed it when the amendments were made.
If you read the Reg carefully, it would only theoretically apply where the ESA award included the support component on the day the award ended due to time-limiting, which is clearly impossible!
Thank you gents - much appreciated