The Social Security (Incapacity for Work) (General) Regulations 1995

CHAPTER IIE+W+S INFORMATION AND EVIDENCE

Information required for determining capacity for workE+W+S

6.—(1) [F1Subject to paragraphs (2) and (3)] the information or evidence required for the purposes of determining whether a person is capable or incapable of work [F2and the information or evidence required which is capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,] is—

(a) where the own occupation test F3 ... applies, [F4or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,] evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976 M1 (which prescribe the form of doctor’s statement or other evidence required in each case);

[F5(b)[F6where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment], such information—

(i)relating to a person’s ability to perform the activities referred to in the Schedule, or

(ii)capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,

as the Secretary of State may request in the form of a questionnaire;]

(c)such additional information [F7as is capable of being used for the purpose referred to in paragraph (b)(ii), or relating to the own occupation test or the personal capability assessment] as the Secretary of State may request.

(2) Where the Secretary of State is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in [F8paragraph (1)(b)(i)], that information shall not be required for the purposes of that determination.

[F9(3) Paragraph (1) shall not apply in relation to a determination—

(a)whether a person is capable of work for the purposes of a claim for [F10jobseeker’s allowance]; or

(b)whether a person is to be treated as incapable of work under any of [F11regulations 10, 11 to 14].]

[F12(4) Information requested for the purpose referred to in paragraph (1)(b)(ii) shall not be used for the purposes of determining whether a person is capable or incapable of work in accordance with Part XIIA of the Contributions and Benefits Act.]

Failure to provide informationE+W+S

7.—(1) Where a person fails without good cause to comply with a request of the Secretary of State to provide the information referred to in regulation 6(1)(b)F13... he shall, subject to paragraph (2), be treated as capable of work.

(2) A person shall not be treated as capable of work under paragraph (1) unless—

(a)at least [F144 weeks] have elapsed since the Secretary of State sent that person the first request for that information; and

(b)the Secretary of State has sent that person a further request at least [F153 weeks] after the first, and at least [F161 week has] elapsed since that further request was sent.

Person may be called for a medical examinationE+W+S

8.—(1) Where [F17it falls to be determined] whether a person is capable of work, he may be called by or on behalf of a [F18health care professional] approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3) where a person fails without good cause to attend for or submit himself to such an examination, he shall be treated as capable of work.

(3) A person shall not be treated as capable of work under paragraph (2) unless written notice of the time and place for the examination was sent to him at least 7 days beforehand, or unless he agreed to accept a shorter period of notice.

Matters to be taken into account in determining good causeE+W+S

9.  The matters which are to be taken into account in determining whether a person has good cause under regulation 7 or 8 (failure to provide information or attend a medical examination) shall include—

(a)whether he was outside Great Britain at the relevant time;

(b)his state of health at the relevant time; and

(c)the nature of any disability from which he suffers.