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

CHAPTER II: INFORMATION AND EVIDENCE

Information required for determining capacity for work

6.—(1) Subject to paragraph (2), the information or evidence required for the purpose of determining whether a person is capable or incapable of work is—

(a) where the own occupation test or the all work test applies, evidence of his incapacity for work in accordance with the Medical Evidence Regulations (which prescribe the form of doctor’s statement or other evidence required in each case);

(b) where the all work test applies, such information as the Department may request in the form of a questionnaire relating to a person’s ability to perform the activities referred to in the Schedule;

(c) such additional information relating to the relevant test as the Department may request.

(2) Where the Department is satisfied that it has sufficient information for a determination as to whether a person is capable or incapable of work without the information specified in paragraph (1)(b), that information shall not be required for the purpose of that determination.

(3) Where it has been determined that a person is to be treated as incapable of work under regulations 10 to 14, the information referred to in paragraph (1) shall not be required.

Failure to provide information

7.—(1) Where a person fails without good cause to comply with a request of the Department to provide the information referred to in regulation 6(1)(b) he shall, subject to paragraph (2), be treated as capable of work.

(2) A person shall not be treated as capable of work under paragraph (1) unless—

(a) at least 6 weeks have elapsed since the Department sent that person the first request for that information; and

(b) the Department has sent that person a further request at least 4 weeks after the first, and at least 2 weeks have elapsed since that further request was sent.

Person may be called for a medical examination

8.—(1) Where a question arises as to whether a person is capable of work, he may be called by or on behalf of a doctor approved by the Department to attend for a medical examination.

(2) Subject to paragraph (3), where a person fails without good cause to attend for or submit himself to such an examination, he shall be treated as capable of work.

(3) A person shall not be treated as capable of work under paragraph (2)unless written notice of the time and place for the examination was sent to him at least 7 days beforehand, or unless he agreed to accept a shorter period of notice.

Matters to be taken into account in determining good cause

9.  The matters which are to be taken into account in determining whether a person has good cause under regulation 7 or 8 shall include—

(a) whether he was outside Northern Ireland at the relevant time;(b) his state of health at the relevant time; and

(c) the nature of any disability from which he suffers.