(a)a medical practitioner to whom the question of that person's incapacity for work by reason of some disease or bodily or mental disablement has been referred under regulation 8 of the Social Security (Adjudication) Regulations 1986 F1 (medical references) is of the opinion that the person is not so incapable; and

(b)that person's medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 F2 (evidence of incapacity for work); and

(c)that person has made and is pursuing an appeal against the determination of an adjudication officer that he is not so incapable; and

(d)that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),

not be required to be available for employment pending the determination of his appeal.

[F3(3) A person, other than one to whom regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, for any period when—

(a)he would, were he required to be available for employment, not be treated as so available under regulation 9(1); and

(b)the adjudication officer is satisfied that, unless income Support is paid, the claimant or a member of his family (if any) will suffer hardship,

not be required to be available for employment.]