Regulation 2 Evidence of incapacity for work, limited capability for work and confinementF8

Subject to regulation 5 and paragraph (1A) below, where a person claims to be entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay) and entitlement to that benefit, allowance or advantage depends on that person being incapable of work or having limited capability for work, then in respect of each day until that person has been assessed for the purposes of the personal capability assessment or the limited capability for work assessment they shall provide evidence of such incapacity or limited capability by means of a statement given by a F2healthcare professional in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations.

Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) above that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.

Every person to whom paragraph (1) applies F3who has not been assessed for the purposes of the F4personal capability assessment F5or the limited capability for work assessment shall, before he returns to work, furnish evidence of the date on which he will become fit to resume work either in accordance with rule 10 of Part I of Schedule 1 to these regulations, or by such other means as may be sufficient in the circumstances of the case.

Every woman who claims maternity benefit shall furnish evidence—

and shall furnish such evidence F6by means of a maternity certificate given by a doctor or by a registered midwife F7not earlier than the beginning of the 20th week before the week in which she is expected to be confined, in accordance with the rules set out in Part I of Schedule 2 to these regulations in the appropriate form as set out in Part II of that Schedule or by such other means as may be sufficient in the circumstances of any particular case.