C1C2C3C4C5PART 2Universal credit
Pt. 2 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.
Pt. 2 modified (coming into force in accordance with art. 1 of the amending Rule) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(g), Sch.
Pts. 2, 5 modified (coming into operation in accordance with art. 1(1) of the amending S.R.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.
Pt. 2 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(g)
CHAPTER 3Supplementary and general
General
Capability for work or work-related activityI1I243
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 his or her 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 his or her 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 Article 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 Article 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 Article 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 paragraph (6) may provide for a claimant who fails to comply with a requirement imposed under paragraph (5) without a good reason to be treated as not having limited capability for work or work-related activity.
8
Regulations under paragraph (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 paragraph (6) treated as not having it.
9
Regulations under this Article 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 paragraph (6) as having limited capability for work or work-related activity.
Pt. 2 modified (coming into operation in accordance with art. 1 of the amending Rule) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)