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Regulation 36 Information required for determining capability for work-related activity

England, Wales and Scotland

(1)

Subject to paragraph (2), the information or evidence required to determine whether a claimant has limited capability for work-related activity is—

(a)

any information relating to the descriptors set out in Schedule 3 as may be requested in the form of a questionnaire; and

(b)

any such additional information as may be requested.

(2)

Where the Secretary of State is satisfied that there is sufficient information to determine whether a claimant has limited capability for work-related activity without the information specified in paragraph (1)(a), that information F1must not be required for the purposes of making the determination.

Annotations

Textual amendments

F1

Word in reg. 36(2) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(18)

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

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.