Evidence of incapacity for work and confinement2
1
F1Subject to regulation 5F4where a person claims he is entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay), and his entitlement to that benefit, allowance or advantage depends on his being incapable of work, then in respect of each day until he has been assessed for the purposes of the F10personal capability assessment, he shall provide evidence of such incapacityF3—
a
by means of a certificate in the form of a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations on the form set out in Part II of that Schedule; or
b
where a doctor—
i
has not given a statement under sub-paragraph (a)
of this paragraph since the patient was examined and wishes to give such a statement but more than one day has passed since the examination; or
ii
advises that the patient should refrain from work on the basis of a written report from another doctor, set out in Part I of Schedule 1A to these Regulations on the form set out in Part II of that Schedule; or
F5c
F11where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment and the Secretary of State so requests, a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1B to these Regulations on the form set out in Part II of that Schedule; or
F5d
where it would be unreasonable to require a person to provide a statement F7in accordance with sub-paragraphs (a) to (c), such other evidence as may be sufficient to show that he should refrain F8(or should have refrained) from work by reason of some specific disease or bodily or mental disablement.
2
Every person to whom paragraph (1) applies F6who has not been assessed for the purposes of the F9personal capability assessment shall, before he returns to work, furnish evidence of the date on which he will become fit to resume work either in accordance with rule 10 of Part I of Schedule 1 to these regulations, or by such other means as may be sufficient in the circumstances of the case.
3
Every woman who claims maternity benefit shall furnish evidence—
a
where the claim is made in respect of expectation of confinement, that she is pregnant and as to the stage which she has reached in her pregnancy; or
b
where the claim is made by virtue of the fact of confinement, that she has been confined,
and shall furnish such evidence F2by means of a maternity certificate given by a doctor or by a F2registered midwifeF12not earlier than the beginning of the 20th week before the week in which she is expected to be confined, in accordance with the rules set out in Part I of Schedule 2 to these regulations in the appropriate form as set out in Part II of that Schedule or by such other means as may be sufficient in the circumstances of any particular case.