C2C3C4PART 1EMPLOYMENT AND SUPPORT ALLOWANCE

Annotations:
Modifications etc. (not altering text)

Conditionality

I111Work-focused health-related assessments

C11

Regulations may make provision for or in connection with imposing on a person who is—

a

entitled to an employment and support allowance, and

b

not a member of the support group,

a requirement to take part in one or more work-focused health-related assessments as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.

2

Regulations under this section may, in particular, make provision—

a

prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;

b

for notifying such a person of any such requirement;

c

prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;

d

for the determination, and notification, of the time and place of any such assessment;

e

prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;

f

for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment—

i

fails to take part in the assessment, and

ii

does not, within a prescribed period, show that he had good cause for that failure;

g

prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;

h

prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

3

For the purposes of subsection (2)(f), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.

4

Regulations under subsection (3) may, in particular, make provision for determining—

a

the amount by which an allowance is to be reduced,

b

when the reduction is to start, and

c

how long it is to continue,

and may include provision prescribing circumstances in which the amount of the reduction is to be nil.

5

Regulations under this section shall include provision for a requirement to take part in one or more work-focused health-related assessments to cease to have effect if the person subject to the requirement becomes a member of the support group.

6

Regulations under this section may include provision—

a

that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;

b

that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;

c

that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.

7

In this section, “work-focused health-related assessment” means an assessment by a health care professional approved by the Department which is carried out for the purpose of assessing—

a

the extent to which a person still has capability for work,

b

the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and

c

such other matters relating to his physical or mental condition and the likelihood of his obtaining or remaining in work or being able to do so, as may be prescribed.

8

In subsection (7), “health care professional” means—

a

a registered medical practitioner,

b

a registered nurse,

c

an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or

d

a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.