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The Employment and Support Allowance Regulations 2008
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- UK Statutory Instruments
- 2008 No. 794
- PART 8
- CHAPTER 1
- Regulation 53
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Changes over time for: Section 53
Version Superseded: 01/06/2011
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- 27/10/2008- Amendment
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Point in time - 01/06/2011- Amendment
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Failure to take part in a work-focused health-related assessmentE+W+S
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53.—(1) A claimant who is required to take part in a work-focused health-related assessment but fails to do so must show good cause for that failure within 5 working days of the date on which the Secretary of State gives notification of that failure.
(2) The Secretary of State must determine whether a claimant who is required to take part in a work-focused health-related assessment has failed to do so and, if so, whether the claimant has shown good cause for that failure in accordance with paragraph (1).
(3) In determining whether a claimant has shown good cause for the failure to participate in a work-focused health-related assessment, the Secretary of State must take the following matters into account—
(a)whether the claimant was outside Great Britain at the time of the notification;
[F1(b)that the physical or mental health or condition of the claimant made it impracticable for the claimant to take part in a work-focused health-related assessment;]
(c)the nature of any disability which the claimant has; F2...
[F3(ca)that the claimant had caring responsibilities in relation to a child and childcare was not reasonably available or was unsuitable due to the particular needs of the claimant or the child; and]
(d)any other matter which the Secretary of State considers appropriate.
Textual Amendments
F1Reg. 53(3)(b) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(13)(a)
F2Word in reg. 53(3)(c) omitted (28.6.2010) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(13)(b)
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