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The Social Security (Incapacity for Work) (General) Regulations 1995

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Information required for determining capacity for workE+W+S

6.—(1) [F1Subject to paragraphs (2) and (3)] the information or evidence required for the purposes of determining whether a person is capable or incapable of work [F2and the information or evidence required which is capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,] is—

(a) where the own occupation test F3 ... applies, [F4or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,] evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976 F5 (which prescribe the form of doctor’s statement or other evidence required in each case);

[F6(b)[F7where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment], such information—

(i)relating to a person’s ability to perform the activities referred to in the Schedule, or

(ii)capable of being used for assisting or encouraging a person to obtain work or to enhance his prospects of obtaining it,

as the Secretary of State may request in the form of a questionnaire;]

(c)such additional information [F8as is capable of being used for the purpose referred to in paragraph (b)(ii), or relating to the own occupation test or the personal capability assessment] as the Secretary of State may request.

(2) Where the Secretary of State is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in [F9paragraph (1)(b)(i)], that information shall not be required for the purposes of that determination.

[F10(3) Paragraph (1) shall not apply in relation to a determination—

(a)whether a person is capable of work for the purposes of a claim for [F11jobseeker’s allowance]; or

(b)whether a person is to be treated as incapable of work under any of [F12regulations 10, 11 to 14].]

[F13(4) Information requested for the purpose referred to in paragraph (1)(b)(ii) shall not be used for the purposes of determining whether a person is capable or incapable of work in accordance with Part XIIA of the Contributions and Benefits Act.]

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F5 S.I. 1976/615 ; relevant amending instruments are S.I. 1982/699 , S.I. 1989/1686, S.I. 1992/247 and S.I. 1994/2975 .

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