- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Welfare Reform Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)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, “ ” means an assessment by a health care professional approved by the Secretary of State 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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: