Regulation 28 Conditions for treating the all work test as satisfied until assessment

(1)

Where the all work test applies, the test shall, if the conditions set out in paragraph (2) are met, be treated as satisfied until a person has been assessed or until he falls to be treated as capable of work in accordance with regulation 7 or 8.

(2)

The conditions referred to in paragraph (1) are—

(a)

that the person provides evidence of his incapacity for work in accordance with the Medical Evidence Regulations; and

(b)

that it has not within the preceding 6 months been determined, in relation to his entitlement to any benefit, allowance or advantage, that the person is capable of work, or is to be treated as capable of work under regulation 7 or 8, unless—

(i)

he is suffering from some specific disease or bodily or mental disablement which he was not suffering from at the time of that determination;

(ii)

a disease or bodily or mental disablement which he was suffering from at the time of that determination has significantly worsened, or

(iii)

in the case of a person who was treated as capable of work under regulation 7, he has since satisfied any requirements of the Department under that regulation.