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[F127.—(1) A person who [F2is not incapable of work in accordance with the personal capability assessment] shall be treated as incapable of work if any of the circumstances set out in paragraph (2) apply to him
(2) The circumstances are that—
(a)he is suffering from a severe life threatening disease in relation to which—
(i)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
(ii)in the case of a disease which is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
(b)he suffers from a previously undiagnosed potentially life threatening condition which has been discovered during the course of a medical examination carried out for the purposes of the [F3personal capability assessment] by a [F4health care professional] approved by the Secretary of State;
(c)there exists medical evidence that he requires a major surgical operation or other major therapeutic procedure and it is likely that that operation or procedure will be carried out within three months of the date of a medical examination carried out for the purposes of the [F3personal capability assessment].]
Textual Amendments
F1 Reg. 27 substituted (6.1.1997) by The Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations 1996 (S.I. 1996/3207) , regs. 1(1) , 2(9)
F2Words in reg. 27 substituted (3.4.2000) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 (S.I. 1999/3109), regs. 1(1), 3(4)
F3Words in reg. 27(2)(b)(c) substituted (3.4.2000) by The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 (S.I. 2000/590), regs. 1(b), 4(b)
F4Words in reg. 27(2)(b) substituted (3.7.2007) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2007 (S.I. 2007/1626), regs. 1, 3(4)
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