Paragraph 7 I1

in paragraph (1)—

in paragraph (2)(b)—

in paragraph (2), in the words after sub-paragraph (b), for “no assessment may” substitute “an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not”;

for paragraph (4) substitute—

“(4)

If it has been previously determined—

(a)

on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, or

(b)

on the basis of an assessment under this Part that the claimant is a severe conditions criteria claimant,

no further assessment under this Part is to be carried out unless there is relevant evidence.

(5)

If it has been previously determined—

(a)

on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant has limited capability for work, and

(b)

on the basis of an assessment under this Part that the claimant is not a severe conditions criteria claimant,

no further assessment under this Part for the purposes of reviewing the determination that the claimant is not a severe conditions criteria claimant is to be carried out unless there is relevant evidence.

(6)

For the purposes of paragraphs (4) and (5) “relevant evidence”, in relation to a determination, means evidence to suggest that—

(a)

the determination was made in ignorance of, or based on a mistake as to, some material fact, or

(b)

there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition.”