Regulation 32A Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidenceF1
England, Wales and Scotland
Where the Secretary of State is satisfied that it is appropriate in the circumstances of the case F3... a claimant may be treated as not having limited capability for work if—
the claimant has supplied medical evidence F4...;
the period for which medical evidence was supplied has ended;
the Secretary of State has requested further medical evidence; and
the claimant has not, before whichever is the later of either the end of the period of 6 weeks beginning with the date of the Secretary of State’s request or the end of 6 weeks beginning with the day after the end of the period for which medical evidence was supplied—
supplied further medical evidence, or
otherwise made contact with the Secretary of State to indicate that they wish to have the question of limited capability for work determined.
In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.
Annotations
Textual amendments
- F1
Reg. 32A inserted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(9)
- F2
Reg. 32A(1): reg. 32A renumbered as reg. 32A(1) (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 16(4)(a)
- F3
Word in reg. 32A(1) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(16)
- F4
Words in reg. 32A(1)(a) omitted (11.4.2011) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 16(4)(b)
- F5
Reg. 32A(2) added (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), regs. 1(4), 16(4)(c)
Notes on the whole SI
Textual amendments
- F1
Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
- F2
Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
- F3
Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
- F4
Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
- F5
- F6
- F7