Secretary of State to determine certain mattersE+W+S
11. Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act [F1or Part 1 of the Welfare Reform Act] applies, an issue arises as to—
(a)whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or
[F2(aa)whether a person is, or is to be treated as, having or not having limited capability for work; or]
(b)whether a person is terminally ill,
that issue shall be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.
Textual Amendments
F1 Words in reg. 11 inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 37(a)
F2 Reg. 11(aa) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 37(b)