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Tuberculosis and limited capability for work
I’m trying to work out whether a client recently diagnosed with TB might be automatically considered as having limited capability for work. I’ve been looking at SI 2013/379 reg 16 clauses 1.c and 2.a.ii. I don’t understand the term “enactment”. Would a letter from her GP do the job? or ...?
I’m trying to work out whether a client recently diagnosed with TB might be automatically considered as having limited capability for work. I’ve been looking at SI 2013/379 reg 16 clauses 1.c and 2.a.ii. I don’t understand the term “enactment”. Would a letter from her GP do the job? or ...?
The “enactment” part refers to any statute or statutory instrument listing prescribed infections/infectious disease.
TB is definitely covered by the Scottish provisions under the Public Health etc (Scotland) Act 2008, and I think as a “notifiable disease” under the English/Welsh provisions under the Public Health (Ships) Regulations 1979.
The current Decision Makers’ Guide has a list of all the statutory provisions at para. 42029.
I’ve looked into this argument before but don’t believe it can be developed due to a medical certificate is not accepted in the 2013 ESA Regs (17(3)) proving unfit for work due to applicants having certain diseases….the claimant is—
16(i)(c)excluded or abstains from work pursuant to a request or notice in writing lawfully made or given under an enactment; or
(ii)otherwise prevented from working pursuant to an enactment,
by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination
17. (1) Subject to paragraphs (2) and (3), the information or evidence required to determine whether a claimant has limited capability for work is—
(a)evidence of limited capability for work in accordance with the Medical Evidence Regulations (which prescribe the form of doctor’s statement or other evidence required in each case);
(3) Paragraph (1) does not apply in relation to a determination whether a claimant is to be treated as having limited capability for work under any of regulations 16 (certain claimants to be treated as having limited capability for work), 21 (hospital in-patients) and 22 (claimants receiving certain treatment