167A[F1 Test of incapacity for work.]N.I.
(1)For the purposes of this Act, save as otherwise expressly provided, whether a person is capable or incapable of work shall be determined in accordance with this Part of this Act.
(2)Regulations may make provision as to—
(a)the information or evidence required for the purpose of determining whether a person is capable or incapable of work; and
(b)the manner in which that information or evidence is to be provided;
and may provide that if a person without good cause fails to provide that information or evidence, or to do so in the manner required, he shall be treated as capable of work.
[F2(2A)In subsection (2)(a) above the reference to such information or evidence as is there mentioned includes information or evidence capable of being used for assisting or encouraging the person in question to obtain work or enhance his prospects of obtaining it.]
(3)Regulations may provide that in any case where [F3it falls to be determined] whether a person is capable of work—
(a)he may be called to attend for such medical examination as may be required in accordance with regulations; and
(b)if he fails without good cause to attend for or submit himself to such examination, he shall be treated as capable of work.
(4)Regulations may prescribe for the purposes of this section—
(a)matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission; or
(b)circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.
[F4(5)All information supplied in pursuance of this section shall be taken for all purposes to be information relating to social security.]
Textual Amendments
F1Pt. XIIA (ss. 167A-167C) inserted (21.11.1994 for the purpose only of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), arts. 7, 8; S.R. 1994/450, art. 2(b), Sch. Pt. II
F2S. 167A(2A) inserted (1.12.1999 for specified purposes and 16.12.1999 otherwise) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(c), 67, Sch. 8 para. 22(2); S.R. 1999/494, art. 2(2)(b)
F3Words in s. 167A(3) substituted (1.12.1999 for specified purposes and 3.4.2000 otherwise) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(c), 67, Sch. 8 para. 22(3); S.R. 1999/494, art. 2(2)(a)
F4S. 167A(5) added (1.12.1999 for specified purposes and 16.12.1999 otherwise) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(c), 67, Sch. 8 para. 22(4); S.R. 1999/494, art. 2(2)(b)