- Latest available (Revised)
- Point in Time (19/02/2008)
- Original (As enacted)
No versions valid at: 19/02/2008
Point in time view as at 19/02/2008. This version of this provision is not valid for this point in time.
Welfare Reform Act 2007, Section 11 is up to date with all changes known to be in force on or before 14 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 18/03/2008
(1)Regulations may make provision for or in connection with imposing on a person who is—
(a)entitled to an employment and support allowance, and
(b)not a member of the support group,
a requirement to take part in one or more work-focused health-related assessments as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
(2)Regulations under this section may, in particular, make provision—
(a)prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;
(b)for notifying such a person of any such requirement;
(c)prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;
(d)for the determination, and notification, of the time and place of any such assessment;
(e)prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;
(f)for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment—
(i)fails to take part in the assessment, and
(ii)does not, within a prescribed period, show that he had good cause for that failure;
(g)prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
(h)prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
(3)For the purposes of subsection (2)(f), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
(4)Regulations under subsection (3) may, in particular, make provision for determining—
(a)the amount by which an allowance is to be reduced,
(b)when the reduction is to start, and
(c)how long it is to continue,
and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
(5)Regulations under this section shall include provision for a requirement to take part in one or more work-focused health-related assessments to cease to have effect if the person subject to the requirement becomes a member of the support group.
(6)Regulations under this section may include provision—
(a)that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
(b)that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
(c)that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.
(7)In this section, “ ” means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing—
(a)the extent to which a person still has capability for work,
(b)the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and
(c)such other matters relating to his physical or mental condition and the likelihood of his obtaining or remaining in work or being able to do so, as may be prescribed.
(8)In subsection (7), “health care professional” means—
(a)a registered medical practitioner,
(b)a registered nurse,
(c)an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or
(d)a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: