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PART 8N.I.CONDITIONALITY

CHAPTER 1N.I.Work-focused health-related assessment

Deferral of requirement to take part in a work-focused health-related assessmentN.I.

52.—(1) Where—

(a)a health care professional has conducted an assessment in relation to the claimant for the purpose of enabling the Department to determine whether the claimant has limited capability for work-related activity;

(b)it appears to the health care professional that—

(i)at least one of the descriptors set out in Schedule 3 applies to the claimant, or

(ii)regulation 35 (certain claimants to be treated as having limited capability for work-related activity) applies to the claimant; and

(c)the Department has not made a determination about whether the claimant has limited capability for work-related activity,

the requirement to take part in the work-focused health-related assessment does not apply until such time after the Department has made a determination in relation to the claimant’s limited capability for work-related activity as the Department may decide.

(2) Where paragraph (1) applies, the health care professional must notify the claimant that the requirement to take part in the work-focused health-related assessment has been deferred, pending determination by the Department of the claimant’s capability for work-related activity.

Commencement Information

I1Reg. 52 in operation at 27.10.2008, see reg. 1(1)