Legislation – Welfare Reform Act 2012

whether a person’s ability to carry out daily living activities is limited by the person’s physical or mental condition;

whether a person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition;

whether a person’s ability to carry out mobility activities is limited by the person’s physical or mental condition;

whether a person’s ability to carry out mobility activities is severely limited by the person’s physical or mental condition.

must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;

must provide for the way in which an assessment is to be carried out;

may make provision about matters which are, or are not, to be taken into account in assessing a person.

about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);

about the way in which that information or evidence is to be provided;

requiring a person to participate in such a consultation, with a person approved by the Secretary of State, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).

for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);

about what does or does not constitute a good reason for such a failure;

about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.

section 78(1)(a) and (b) or (2)(a) and (b) (daily living component);

section 79(1)(a) to (c) or (2)(a) to (c) (mobility component).