Modifications etc. (not altering text)
C1Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))
C2Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(2)(a), Sch. 1
C3Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
C4Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
C5Pt. 1 applied (with modifications (as amended)) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(a), Sch. 2; (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 10(4)
C6Pt. 1 modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2
(1)For the purposes of this Part, whether a person's capability for work-related activity is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to undertake such activity shall be determined in accordance with regulations.
(2)Regulations under subsection (1) shall—
(a)provide for determination on the basis of an assessment of the person concerned;
(b)define the assessment by reference to such matters as the regulations may provide;
(c)make provision as to the manner of carrying out the assessment.
(3)Regulations under subsection (1) may, in particular, make provision—
(a)as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
(b)as to the manner in which that information or evidence is to be provided;
(c)for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require.
(4)Regulations under subsection (1) may include provision—
(a)for a person to be treated as not having limited capability for work-related activity if he fails without good cause—
(i)to provide information or evidence which he is required under such regulations to provide,
(ii)to provide information or evidence in the manner in which he is required under such regulations to provide it, or
(iii)to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
(b)as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
(c)as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
Commencement Information
I1S. 9(1)-(3) (4)(a) (b) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I2S. 9(1)-(3) (4)(a) (b) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(a)
I3S. 9(4)(c) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(a)