PART 3SUPERSESSIONS

CHAPTER 1GROUNDS FOR SUPERSESSION

Medical evidence and limited capability for work etc.C126

1

An employment and support allowance decision, a personal independence payment decision or universal credit decision may be superseded where, since the decision was made, the Secretary of State has—

a

received medical evidence from a healthcare professional or other person approved by the Secretary of State; or

F1b

made a determination that the claimant is to be treated as having—

i

limited capability for work in accordance with regulation 16, 21, 22 or 29 of the Employment and Support Allowance Regulations 2013; or

ii

limited capability for work or for work and work-related activity in accordance with Part 5 (capability for work or work-related activity) of the Universal Credit Regulations.

2

The decision awarding personal independence payment may be superseded where there has been a negative determination.

3

In this regulation—

  • “an employment and support allowance decision”, “personal independence payment decision” and “universal credit decision” each has the meaning given in Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances);

  • “healthcare professional” means—

    1. a

      a registered medical practitioner;

    2. b

      a registered nurse; or

    3. c

      an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 (regulation of health professions, social workers, other care workers etc.) of the Health Act 1999M1.