Welfare Reform Act 2012

General E+W+S

37 Capability for work or work-related activity E+W+S

(1) For the purposes of this Part a claimant has limited capability for work if—

(a) the claimant's capability for work is limited by their physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to work.

(2) For the purposes of this Part a claimant has limited capability for work-related activity if—

(a) the claimant's capability for work-related activity is limited by their physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

(3) The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

(4) Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

(5) Regulations under this section may for the purposes of an assessment—

(a) require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

(b) require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

(6) Regulations under this section may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

(7) Regulations under subsection (6) may provide for a claimant who fails to comply with a requirement imposed under subsection (5) without a good reason to be treated as not having limited capability for work or work-related activity.

(8) Regulations under subsection (6) may provide for a claimant to be treated as having limited capability for work until—

(a) it has been determined whether or not that is the case, or

(b) the claimant is under any other provision of regulations under subsection (6) treated as not having it.

(9) Regulations under this section may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under subsection (6) as having limited capability for work or work-related activity.

Modifications etc. (not altering text)

C1 Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(3) (as inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 10(b))

Commencement Information

I1 S. 37(1)(2)(8)(9) in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(a)

I2 S. 37(3)-(7) in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 17

38 Information E+W+S

Information supplied under Chapter 2 of this Part or section 37 is to be taken for all purposes to be information relating to social security.

Commencement Information

I3 S. 38 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(a)

39 Couples E+W+S

F1 [F2 (1) In this Part “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household; or

(b) two people who are not married to, or civil partners of, each other but are living together [F3 as if they were a married couple or civil partners].]

F4 F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this section regulations may prescribe—

(a) circumstances in which the fact that two persons are F6 [F7 married] or are civil partners is to be disregarded;

(b) circumstances in which F8 [F9 two people are to be treated as living together [F10 as if they were a married couple or civil partners]];

(c) circumstances in which people are to be treated as being or not being members of the same household.

Textual Amendments

F1 S. 39(1) substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 20(2)

F2 S. 39(1) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(2)

F3 Words in s. 39(1)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 35(a)

F4 S. 39(2) omitted (E.W.) (13.3.2014) by virtue of The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(3)

F5 S. 39(2) omitted (S.) (16.12.2014) by virtue of The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 20(3)

F6 Word in s. 39(3)(a) substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 20(4)(a)

F7 Word in s. 39(3)(a) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(4)(a)

F8 Words in s. 39(3)(b) substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 20(4)(b)

F9 Words in s. 39(3)(b) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 36(4)(b)

F10 Words in s. 39(3)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 35(b)

Commencement Information

I4 S. 39(1)(2)(3)(b)(c) in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(a)

I5 S. 39(3)(a) in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 18

40 Interpretation of Part 1 E+W+S

In this Part—

• “assessment period” has the meaning given by section 7(2);

• “child” means a person under the age of 16;

• “claim” means claim for universal credit;

• “claimant” means a single claimant or each of joint claimants;

• “couple” has the meaning given by section 39;

• “disabled” has such meaning as may be prescribed;

• “joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;

• “limited capability for work” and “limited capability for work-related activity” are to be construed in accordance with section 37(1) and (2);

• “prescribed” means specified or provided for in regulations;

• “primary legislation” means an Act, Act of the Scottish Parliament or Act or Measure of the National Assembly for Wales;

• “qualifying young person” has the meaning given in section 10(5);

• “regular and substantial caring responsibilities” has such meaning as may be prescribed;

• “responsible carer”, in relation to a child, has the meaning given in section 19(6);

• “secondary legislation” means an instrument made under primary legislation”;

• “severely disabled” has such meaning as may be prescribed;

• “single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;

• “single person” is to be construed in accordance with section 1(2)(a);

• “work” has such meaning as may be prescribed;

• “work availability requirement” has the meaning given by section 18(1);

• “work preparation requirement” has the meaning given by section 16(1);

• “work search requirement” has the meaning given by section 17(1);

• “work-focused interview requirement” has the meaning given by section 15(1);

• “work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

• “work-related requirement” has the meaning given by section 13(2).

Commencement Information

I6 S. 40 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 19