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Welfare Reform Act 2012
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- Original: King's Printer Version
- Revised Version 31/3/2019
- Revised Version 30/11/2018
- Revised Version 28/2/2018
- Revised Version 31/8/2017
- Revised Version 31/3/2017
- Revised Version 31/5/2016
- Revised Version 31/8/2015
- Revised Version 28/2/2015
- Revised Version 30/11/2014
- Correction Slip - 01/07/2013
- Correction Slip - 07/06/2013
Changes to legislation:
Welfare Reform Act 2012, Section 37 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 37:
- specified provision(s) amendment to earlier commencing S.I. 2013/1511 by S.I. 2017/57 art. 5 13 14 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2016/596 art. 4-6 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2017/57 art. 13 15 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2013/2846 by S.I. 2016/596 art. 3 4 7 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2018/138 art. 3
- specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/10 reg. 3(1)
- specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/167 art. 5(2)
- specified provision(s) amendment to earlier commencing S.I. 2013/983, art. 5A(1), 6(1) by S.I. 2017/483 art. 2
- specified provision(s) amendment to earlier commencing S.I. 2014/1583 by S.I. 2017/664 art. 5 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2016/596 art. 3 4 8 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2017/57 art. 10 16 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/596 art. 5 9 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/963 art. 3 7 8 13 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/584 art. 5 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/664 art. 5 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/596 art. 3-5 10 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/963 art. 4 6-12 14 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/57 art. 3-9 11 12 17 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/584 art. 3 4 6-9 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/664 art. 3-5 7-9 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/596 art. 3 4 11 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/963 art. 3-12 15 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/57 art. 3-7 9 12 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/584 art. 3 4 6-9 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/664 art. 3-9 Sch.
- specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2018/138 art. 6
- specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/10 reg. 3(2)
- specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/167 art. 5(3)
- specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/37 art. 5
- specified provision(s) amendment to earlier commencing S.I. 2015/33, art. 6(11) by S.I. 2017/483 art. 3
- specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2018/138 art. 6
- specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/10 reg. 3(3)
- specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/167 art. 5(4)
- specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/37 art. 5
- specified provision(s) amendment to earlier commencing S.I. 2015/634, art. 7(2) by S.I. 2017/376 reg. 4
- specified provision(s) amendment to earlier commencing S.I. 2016/596 by S.I. 2016/963 art. 17
- specified provision(s) amendment to earlier commencing S.I. 2019/37 by S.I. 2019/935 art. 2
- specified provision(s) modification of earlier commencing S.I. 2014/1583 by S.I. 2018/532 art. 3 Sch.
- specified provision(s) modification of earlier commencing S.I. 2014/2321 by S.I. 2018/532 art. 3 Sch.
- specified provision(s) modification of earlier commencing S.I. 2015/101 by S.I. 2018/532 art. 3 Sch.
- specified provision(s) modification of earlier commencing S.I. 2015/1537 by S.I. 2018/532 art. 3 Sch.
- specified provision(s) modification of earlier commencing S.I. 2015/634 by S.I. 2018/532 art. 5
37Capability for work or work-related activityE+W+S
This section has no associated Explanatory Notes
(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)
C1Pt. 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
I1S. 37(1)(2)(8)(9) in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(a)
I2S. 37(3)-(7) in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 17
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