The Employment and Support Allowance Regulations 2008

Failure to provide information in relation to limited capability for work

22.—(1) Where a claimant fails without good cause to comply with the request referred to in regulation 21(1)(b), that claimant is, subject to paragraph (2), to be treated as not having limited capability for work.

(2) Paragraph (1) does not apply unless—

(a) at least 6 weeks have passed since the claimant was sent the first request for the information; and

(b) the claimant was sent a further request at least 4 weeks after the date of the first request, and at least 2 weeks have passed since the further request was sent.