The Social Security and Child Support (Decisions and Appeals) Regulations 1999

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.