Regulation 41 When an assessment may be carried out

it falls to be determined for the first time whether a claimant has limited capability for work or for work and work-related activity F1or is a severe conditions criteria claimant; or

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,

the claimant is entitled to attendance allowance F6, pension age disability payment, disability living allowance F7, Scottish adult disability living allowance F8, child disability payment F9, adult disability payment or personal independence payment; or

the assessment is for the purposes of reviewing a previous determination

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 F11, or

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

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

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

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

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

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

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