Section 171A Test of incapacity for work.F1

United Kingdom

(1)

For the purposes of this Act, save as otherwise expressly provided, whether a person is capable or incapable of work shall be determined in accordance with the provisions of this Part of this Act.

C1(2)

Regulations may make provision as to—

(a)

the information or evidence required for the purpose of determining whether a person is capable or incapable of work, and

(b)

the manner in which that information or evidence is to be provided,

and may provide that if a person without good cause fails to provide that information or evidence, or to do so in the manner required, he shall be treated as capable of work.

(F22A)

In subsection (2)(a) above the reference to such information or evidence as is there mentioned includes information or evidence capable of being used for assisting or encouraging the person in question to obtain work or enhance his prospects of obtaining it.

(3)

Regulations may provide that in any case where F3it falls to be determined whether a person is capable of work—

(a)

he may be called to attend for such medical examination as may be required in accordance with regulations, and

(b)

if he fails without good cause to attend for or submit himself to such examination, he shall be treated as capable of work.

(4)

Regulations may prescribe for the purposes of this section—

(a)

matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission, or

(b)

circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.

(F45)

All information supplied in pursuance of this section shall be taken for all purposes to be information relating to social security.

Annotations

Textual amendments

F1: Pt. 12A inserted (18.11.1994 for specified purposes, 13.4.1995 in so far as not already in force) by Social Security (Incapacity for Work) Act 1994 (c. 18), ss. 5, 16(3) (with ss. 4, 7); S.I. 1994/2926, art. 2(2), Sch. Pt. 2 (with The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310), regs. 1(1), 11, 17, 29)
F2: S. 171A(2A) inserted (11.11.1999 for specified purposes, 13.12.1999 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(c), Sch. 8 para. 23(2); S.I. 1999/3309, art. 2(2)(b)
F3: Words in s. 171A(3) substituted (11.11.1999 for specified purposes, 3.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(c), Sch. 8 para. 23(3); S.I. 1999/3309, art. 2(2)(a)
F4: S. 171A(5) inserted (11.11.1999 for specified purposes, 13.12.1999 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(c), Sch. 8 para. 23(4); S.I. 1999/3309, art. 2(2)(b)

Modifications

C1: Ss. 171A(2)(3)(4) restricted (18.11.1994 for specified purposes, 13.4.1995 in so far as not already in force) by Social Security (Incapacity for Work) Act 1994 (c. 18), ss. 6(3)(a), 16(3); S.I. 1994/2926, art. 2(2), Sch. Pt. 2

Notes on Part XIIA

Modifications

C1: Pt. 12A powers to make regulations modified (21.5.1998) by Social Security Act 1998 (c. 14), ss. 77, 87(2)(a)