OpenLegislation

Regulation 8 Information or evidence required for determining limited or severely limited ability to carry out activitiesI1

(1)

The Secretary of State may require C to provide any information or evidence required to determine whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities.

(2)

Where information or evidence is requested under paragraph (1), C must provide the information or evidence to the Secretary of State within one month from the date of the request being made or within such longer period as the Secretary of State may consider reasonable in the circumstances of the particular case.

(3)

Where C fails without good reason to comply with the request referred to in paragraph (1), a negative determination in relation to the component to which the failure related must be made.

Annotations

Commencement

I1

Reg. 8 coming into force in accordance with reg. 1(2) and S.I. 2013/358

Notes on the whole SI

Textual amendments

F1

2012 c.5.

F2

See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.