12 Amendment of the Employment and Support Allowance Regulations 2008
1 The Employment and Support Allowance Regulations 2008 are amended as follows—
S.I. 2008/794.
2 In regulation 7(1) (circumstances where the condition that the assessment phase has ended before does not apply)—
(a) at the end of sub-paragraph (a), omit “or”; and
(b) at the end of sub-paragraph (b), insert—

“or
(c) (i) the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end;
(ii) in relation to that entitlement to income support, immediately before it ended the claimant’s applicable amount included the disability premium by virtue of satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations; and
(iii) that entitlement to income support ended solely by virtue of the coming into force, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008.”

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