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Regulation 6 Information required for determining capacity for work

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2), the information or evidence required for the purpose of determining whether a person is capable or incapable of work is—

(a)

where the own occupation test or the all work test applies, evidence of his incapacity for work in accordance with the Medical Evidence Regulations (which prescribe the form of doctor’s statement or other evidence required in each case);

(b)

where the all work test applies, such information as the Department may request in the form of a questionnaire relating to a person’s ability to perform the activities referred to in the Schedule;

(c)

such additional information relating to the relevant test as the Department may request.

(2)

Where the Department is satisfied that it has sufficient information for a determination as to whether a person is capable or incapable of work without the information specified in paragraph (1)(b), that information shall not be required for the purpose of that determination.

(3)

Where it has been determined that a person is to be treated as incapable of work under regulations 10 to 14, the information referred to in paragraph (1) shall not be required.