Section 37 — Welfare Reform Act 2012: Capability for work or work-related activity

Capability for work or work-related activity 37 1 For the purposes of this Part a claimant has limited capability for work if—

a the claimant's capability for work is limited by their physical or mental condition, and b the limitation is such that it is not reasonable to require the claimant to work.

2 For the purposes of this Part a claimant has limited capability for work-related activity if—

a the claimant's capability for work-related activity is limited by their physical or mental condition, and b the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

3 The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

4 Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

5 Regulations under this section may for the purposes of an assessment—

a require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

b require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

6 Regulations under this section may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

7 Regulations under subsection (6) may provide for a claimant who fails to comply with a requirement imposed under subsection (5) without a good reason to be treated as not having limited capability for work or work-related activity.

8 Regulations under subsection (6) may provide for a claimant to be treated as having limited capability for work until—

a it has been determined whether or not that is the case, or b the claimant is under any other provision of regulations under subsection (6) treated as not having it.

9 Regulations under this section may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under subsection (6) as having limited capability for work or work-related activity.