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The Welfare Reform (Northern Ireland) Order 2015

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Capability for work or work-related activity
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43.—(1) For the purposes of this Part a claimant has limited capability for work if—

(a)the claimant’s capability for work is limited by his or her physical or mental condition, and

(b)the limitation is such that it is not reasonable to require the claimant to work.

(2) For the purposes of this Part a claimant has limited capability for work-related activity if—

(a)the claimant’s capability for work-related activity is limited by his or her physical or mental condition, and

(b)the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

(3) The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

(4) Regulations under this Article must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

(5) Regulations under this Article may for the purposes of an assessment—

(a)require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

(b)require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

(6) Regulations under this Article may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

(7) Regulations under paragraph (6) may provide for a claimant who fails to comply with a requirement imposed under paragraph (5) without a good reason to be treated as not having limited capability for work or work-related activity.

(8) Regulations under paragraph (6) may provide for a claimant to be treated as having limited capability for work until—

(a)it has been determined whether or not that is the case, or

(b)the claimant is under any other provision of regulations under paragraph (6) treated as not having it.

(9) Regulations under this Article may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under paragraph (6) as having limited capability for work or work-related activity.

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