PART 5CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY

Work Capability Assessment

Information requirement43

1

The information required to determine whether a claimant has limited capability for work or for work and work-related activity is—

a

any information relating to the descriptors specified in Schedule 6 or 7 requested by the Secretary of State in the form of a questionnaire; and

b

any additional information that may be requested by the Secretary of State.

2

But where the Secretary of State is satisfied that there is enough information to make the determination without the information mentioned in paragraph (1)(a), that information is not required.

3

Where a claimant fails without a good reason to comply with a request under paragraph (1), the claimant is to be treated as not having limited capability for work or, as the case may be, for work and work-related activity.

4

But paragraph (3) does not apply unless the claimant was sent a further request to provide the information at least 3 weeks after the date of the first request and at least 1 week has passed since the further request was sent.