# The Social Security (Incapacity for Work) (General) Regulations 1995, Regulation 6: Information required for determining capacity for work


(1) Subject to paragraphs (2) and (3) the information or evidence required for the purposes of determining whether a person is capable or incapable of work and the information or evidence required which is capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it, is—
(a) where the own occupation test ... applies, or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment, evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of doctor’s statement or other evidence required in each case);
(b) where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment, such information—
(i) relating to a person’s ability to perform the activities referred to in the Schedule, or
(ii) capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,
as the Secretary of State may request in the form of a questionnaire;
(c) such additional information as is capable of being used for the purpose referred to in paragraph (b)(ii), or relating to the own occupation test or the personal capability assessment as the Secretary of State may request.
(2) Where the Secretary of State is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in paragraph (1)(b)(i), that information shall not be required for the purposes of that determination.
(3) Paragraph (1) shall not apply in relation to a determination—
(a) whether a person is capable of work for the purposes of a claim for jobseeker’s allowance; or
(b) whether a person is to be treated as incapable of work under any of regulations 10, 11 to 14.
(4) Information requested for the purpose referred to in paragraph (1)(b)(ii) shall not be used for the purposes of determining whether a person is capable or incapable of work in accordance with Part XIIA of the Contributions and Benefits Act.

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Source: https://www.legislation.gov.uk/uksi/1995/311/regulation/6 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-for-work-general-regulations-1995/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.