# The Universal Credit Regulations 2013, Regulation 41: When an assessment may be carried out

Extent: E+W+S

(1) The Secretary of State may carry out an assessment under this Part where—
(a) it falls to be determined for the first time whether a claimant has limited capability for work or for work and work-related activity or is a severe conditions criteria claimant; or
(b) there has been a previous determination and the Secretary of State wishes to determine whether there has been a relevant change of circumstances in relation to the claimant's physical or mental condition or whether that determination was made in ignorance of, or was based on a mistake as to, some material fact,
but subject to paragraphs (1A) to (6).
(1A) For the purposes of paragraph (1)(b), doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances.
(2) If the claimant has monthly earnings that are equal to or exceed the relevant threshold, the Secretary of State may not carry out an assessment under this Part unless—
(a) the claimant is entitled to attendance allowance , pension age disability payment, disability living allowance , Scottish adult disability living allowance , child disability payment , adult disability payment or personal independence payment; or
(b) the assessment is for the purposes of reviewing a previous determination
(i) that a claimant has limited capability for work or for work and work-related activity that was made on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations , or
(ii) that a claimant is a severe conditions criteria claimant made on the basis of an assessment under this Part,
and, in a case where an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not be carried out by virtue of this paragraph, the claimant is to be treated as not having limited capability for work unless they are treated as having limited capability for work or for work and work-related activity by virtue of regulation 39(6) or 40(5).
(3) The relevant threshold for the purposes of paragraph (2) is the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 16 hours a week , converted to a monthly amount by multiplying by 52 and dividing by 12.
(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.

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Source: https://www.legislation.gov.uk/uksi/2013/376/regulation/41 (the official version)
Page: https://openlegislation.uk/universal-credit-regulations-2013/regulation-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.