The Employment and Support Allowance Regulations (Northern Ireland) 2008

Deferral of requirement to take part in a work-focused health-related assessment

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.