2021 No. 230
Social Security

The Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021

Made
Laid Before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 9(1)(a) and (2)(a) and 189(1), (4) and (6) of the Social Security Administration Act 19921, sections 8(3)(c), 9(3)(c), 25(2), (3), (4) and (5)(b) of the Welfare Reform Act 20072 and sections 37(5)(b), 42(2) and (3)(b) and 80(4)(c) of the Welfare Reform Act 20123.
In accordance with section 173(1)(b) of the Social Security Administration Act 19924 the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021 and come into force on 25th March 2021.

(2)

Regulations 2 and 5 extend to England and Wales only5.

(3)

Regulations 3, 4 and 6 extend to England and Wales, and Scotland.

Amendment to the Social Security (Claims and Payments) Regulations 19792.

(1)

The Social Security (Claims and Payments) Regulations 19796 are amended as follows.

(2)

In regulation 26 (obligations of claimants for, and beneficiaries in respect of… disablement benefit), in paragraph (1)(a), after “medical examination” insert the words “in person, by telephone or by video”.

Amendments to the Employment and Support Allowance Regulations 20083.

(1)

The Employment and Support Allowance Regulations 20087 are amended as follows.

(2)

In regulation 23 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work), in paragraph (1), after “medical examination” insert the words “in person, by telephone or by video”.

(3)

In regulation 38 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity), in paragraph (1), after “medical examination” insert the words “in person, by telephone or by video”.

Amendment to the Universal Credit Regulations 20134.

(1)

The Universal Credit Regulations 20138 are amended as follows.

(2)

In regulation 44 (medical examinations), in paragraph (1), after “medical examination” insert the words “in person, by telephone or by video”.

Amendment to the Social Security (Personal Independence Payment) Regulations 20135.

(1)

The Social Security (Personal Independence Payment) Regulations 20139 are amended as follows.

(2)

In regulation 9 (claimant may be called for a consultation to determine whether the claimant has limited or severely limited ability to carry out activities), in paragraph (1)(b), after “telephone” insert the words “or by video”.

Amendments to the Employment and Support Allowance Regulations 20136.

(1)

The Employment and Support Allowance Regulations 201310 are amended as follows.

(2)

In regulation 19 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work), in paragraph (1), after “medical examination” insert the words “in person, by telephone or by video”.

(3)

In regulation 35 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity), in paragraph (1), after “medical examination” insert the words “in person, by telephone or by video”.

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson
Minister of State
Department for Work and Pensions
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628), the Employment and Support Allowance Regulations 2008 (S.I. 2008/794), the Employment and Support Regulations 2013 (S.I. 2013/379), the Social Security (Personal Independence) Regulations 2013 (S.I. 2013/377) and the Universal Credit Regulations 2013 (S.I. 2013/376).

The amendments enable medical examinations and consultations to be conducted as between a claimant and an assessor approved by the Secretary of State in person, by telephone or by video as part of the process for determining entitlement to Industrial Injuries Disablement Benefit, Employment and Support Allowance, Personal Independence Payment and Universal Credit.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.