Removal of waiting days for ESA extended for a further six months where a person is affected by coronavirus

New statutory instrument

New regulations have been issued that extend the removal of waiting days in employment and support allowance (ESA), where a person is claiming due to the impact of coronavirus (COVID-19), for a further six months.

In force from 12 November 2020, the Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2020 (SI.No.1097/2020) amend the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (SI.No.289/2020) to provide that their expiry date is extended from eight months to fourteen months.

As a result, until 12 May 2021, where a person is infected or contaminated with coronavirus, is isolating to prevent the spread of coronavirus, or is caring for a child (or qualifying young person) who falls into either of those categories, the Secretary of State has the discretion to - 

• disapply the seven waiting days that would otherwise apply to a person who has made a claim for ESA; and 
• decide that a person who makes a claim for, or is entitled to, ESA may be treated as a person having limited capability for work. 

SI.No.1097/2020 is available from legislation.gov.uk