The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010

Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995

6.—(1) The Social Security (Incapacity for Work) (General) Regulations 1995(1) are amended as follows.

(2) In regulation 2 (interpretation) in the definition of “medical evidence” for “doctor” substitute “health care professional”.

(3) After regulation 16 (person who works to be treated as capable of work) insert—

“Persons to be treated as capable of work at the end of the period covered by medical evidence

16A.   Where the Secretary of State is satisfied that it is appropriate in the circumstances of the case then a person may be treated as being capable of work if—

(a) the person has supplied medical evidence in accordance with regulation 28(2)(a);

(b) the period for which medical evidence was supplied has ended;

(c) the Secretary of State has requested further medical evidence; and

(d) the person has not, before whichever is the later of either the end of the period of six weeks beginning with the date of the Secretary of State’s request or the end of six weeks beginning with the day after the end of the period for which medical evidence was supplied—

(i) supplied further medical evidence, or

(ii) otherwise made contact with the Secretary of State to indicate a wish to have the question of incapacity for work determined.”.

(4) In regulation 17 (exempt work)—

(a) in paragraph (3)(b) before “voluntary” insert “by a” and after “organisation” insert “or community interest company(2)”;

(b) for paragraph (4)(a) substitute—

“(a) is done during a period of specified work, provided that—

(i) the person has not previously done specified work,

(ii) since the beginning of the last period of specified work, the person has ceased to be entitled to a relevant benefit for a continuous period exceeding 8 weeks, or

(iii) not less than 52 weeks have elapsed since the last period of specified work; or”; and

(c) after paragraph (8) add—

“(9) For the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.”.

(1)

S.I. 1995/311. The definition of ‘medical evidence’ was inserted in regulation 2 by S.I. 1996/3207: Regulation 2(2)(b). Regulation 17 was substituted by S.I. 2006/757 and subsequently amended by S.I. 2008/2365 and S.I. 2009/2343.

(2)

As established under the Companies (Audit, Investigations and Community Enterprise) Act 2004 c.27.