OpenLegislation

Regulation 10 Effect of determination as to capacity or capability for workF1

England, Wales and Scotland

(1)

This regulation applies to a determination whether a person—

(a)

is capable or incapable of work;

(b)

is to be treated as capable or incapable of work;

(c)

has or does not have limited capability for work; or

(d)

is to be treated as having or not having limited capability for work.

(2)

A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision.

Annotations

Textual amendments

F1

Reg. 10 substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 36

Notes on Part II

Textual amendments

F1

Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

F2

Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)