PART 8CONDITIONALITY

CHAPTER 1Work-focused health-related assessment

Deferral of requirement to take part in a work-focused health-related assessmentI152

1

Where—

a

a health care professional has conducted an assessment in relation to the claimant for the purpose of enabling the Department to determine whether the claimant has limited capability for work-related activity;

b

it appears to the health care professional that—

i

at least one of the descriptors set out in Schedule 3 applies to the claimant, or

ii

regulation 35 (certain claimants to be treated as having limited capability for work-related activity) applies to the claimant; and

c

the Department has not made a determination about whether the claimant has limited capability for work-related activity,

the requirement to take part in the work-focused health-related assessment does not apply until such time after the Department has made a determination in relation to the claimant’s limited capability for work-related activity as the Department may decide.

2

Where paragraph (1) applies, the health care professional must notify the claimant that the requirement to take part in the work-focused health-related assessment has been deferred, pending determination by the Department of the claimant’s capability for work-related activity.