Part IIIncapacity for Work Amendments

Amendment of the General Regulations2.

(1)

The General Regulations shall be amended in accordance with paragraphs (2) to (14).

(2)

In regulation 2(1) (interpretation)—

(a)

the definition of “the all work test” shall be omitted; and

(b)

after the definition of “the own occupation test” there shall be inserted the following definition—

““personal capability assessment” means the assessment defined in Part III;”.

(3)

In regulation 67 (information required for determining capacity for work)—

(a)

in paragraph (1) after “work” there shall be inserted “, and 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,”;

(b)

in paragraph (1)(a)—

(i)

the words “or the all work test” shall be omitted; and

(ii)

after “applies,” there shall be inserted “or where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment,”;

(c)

for paragraph (1)(b) there shall be substituted—

“(b)

where 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 Department may request in the form of a questionnaire;”;

(d)

in paragraph (1)(c) for “relating to the relevant test” there shall be substituted “as is capable of being used for the purpose referred to in sub-paragraph (b)(ii), or relating to the own occupation test or the personal capability assessment”;

(e)

in paragraph (2) for “paragraph (1)(b)” there shall be substituted “paragraph (1)(b)(i)”; and

(f)

after paragraph (3) there shall be added the following paragraph—

“(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.”.

(4)

In regulation 8(1) (person may be called for a medical examination) for “Where a question arises as to” there shall be substituted “Where it falls to be determined”.

(5)

In regulation 10(1)8 (certain persons with a severe condition to be treated as incapable of work) for “Where the all work test applies” there shall be substituted “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”.

(6)

In regulation 13A9 (welfare to work beneficiary)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph (2)(c)(i) for “satisfied the all work test in accordance with Part III” there shall be substituted “determined to be incapable of work in accordance with the personal capability assessment under Part III”.

(7)

In regulation 14(a)(ii) (pregnancy) for “where the all work test applies” there shall be substituted “where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”.

(8)

In regulation 16(1)10 (person who works to be treated as capable of work) for “the all work test as satisfied until assessment” there shall be substituted “a person as incapable of work in accordance with the personal capability assessment until a determination has been made in accordance with that assessment”.

(9)

In regulation 17A11 (person who claims unemployment benefit to be treated as capable of work)—

(a)

for “Where the all work test applies” there shall be substituted “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”; and

(b)

for “satisfies that test” there shall be substituted “is incapable of work in accordance with the personal capability assessment”.

(10)

In the heading to Part III for “All Work Test” there shall be substituted “Personal Capability Assessment”.

(11)

For regulation 24 (the all work test) there shall be substituted the following regulation—

“The personal capability assessment24.

For the purposes of section 167C(2)(a) the personal capability assessment is an assessment of the extent to which a person who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in the Schedule, or is incapable by reason of such disease or bodily or mental disablement of performing those activities.”.

(12)

For regulation 25(1) (assessment under the all work test) there shall be substituted—

“Incapacity under the personal capability assessment25.

(1)

For the purposes of section 167C(2)(b) a person is incapable of work in accordance with the personal capability assessment when one or more of the descriptors in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least—

(a)

15 points in respect of descriptors specified in Part I;

(b)

10 points in respect of descriptors specified in Part II; or

(c)

15 points in respect of descriptors specified in Parts I and II.”.

F2(13)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)

For regulation 28(1) (conditions for treating the all work test as satisfied until assessment) there shall be substituted—

“Conditions for treating a person as incapable of work until the personal capability assessment is carried out28.

(1)

Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment that person shall, if the conditions set out in paragraph (2) are met, be treated as incapable of work in accordance with the personal capability assessment until such time as he has been assessed or he falls to be treated as capable of work in accordance with regulation 7 or 8.”.