The Social Security (Incapacity for Work) (General) Regulations 1995

1 Citation and commencement

2 Interpretation

PART II GENERAL PROVISIONS RELATING TO INCAPACITY FOR WORK

CHAPTER I OWN OCCUPATION TEST

4 Definition of “remunerative work"

5 Person with more than one occupation

CHAPTER II INFORMATION AND EVIDENCE

6 Information required for determining capacity for work

7 Failure to provide information

8 Person may be called for a medical examination

9 Matters to be taken into account in determining good cause

CHAPTER III PERSONS TREATED AS INCAPABLE

10 Certain persons with a severe condition to be treated as incapable of work

10ACertain persons participating in approved work to be treated as incapable of work

11Person with a relevant infection or contamination

12 Hospital in-patients

13 Person receiving certain regular treatment

13AWelfare to work beneficiary

15 Person to be treated as incapable of work throughout a day

CHAPTER IV TREATING AS CAPABLE, DISQUALIFICATION ETC.

16 Person who works to be treated as capable of work

16APersons to be treated as capable of work at the end of the period covered by medical evidence

17APerson who claims unemployment benefit to be treated as capable of work

18 Disqualification for misconduct etc.

CHAPTER V ADJUDICATION

PART IIIPERSONAL CAPABILITY ASSESSMENT

23 Interpretation of Part III and the Schedule

24The personal capability assessment

25Incapacity under the personal capability assessment

26 Calculation of scores

27 Exceptional circumstances

28 Conditions for treating a person as incapable of work until the personal capability assessment is carried out

SCHEDULE DISABILITIES WHICH MAY MAKE A PERSON INCAPABLE OF WORK

part i PHYSICAL DISABILITIES

(1) (2) (3) Activity Descriptor Points 1. Walking on level...

part ii MENTAL DISABILITIES

(1) (2) (3) Activity Descriptor Points 15. Completion of tasks....

1995 No. 311

SOCIAL SECURITY

The Social Security (Incapacity for Work) (General) Regulations 1995

Made10th February 1995

Coming into force13th April 1995

Whereas a draft of this instrument was laid before Parliament in accordance with section 6(3) of the Social Security (Incapacity for Work) Act 1994M1 and approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by section 61A of the Social Security Administration Act 1992M2 and sections 171A, 171B, 171C, 171D, 171E, 171G(2) and 175(2) to (4) of the Social Security Contributions and Benefits Act 1992M3 and of all other powers enabling him in that behalf, by this instrument which contains only regulations made by virtue of section 5 and 6 of the Social Security (Incapacity for Work) Act 1994 and which is made before the end of the period of 6 months beginning with the coming into force of that ActM4, after consultation with the Council on TribunalsM5, hereby makes the following Regulations: