AI Summary of 300A. Opinion of medical assessor
The provision authorises seeking the opinion of a medical assessor when determining entitlement to a benefit, assistance or a carer’s support grant. It specifies matters on which an opinion may be sought, including incapacity for work for the purposes of sections 40, 74 and 118; the level of restriction on capacity for work (section 46A); whether a woman is or was confined (section 51); whether an accident arose out of and in the course of employment and whether an injury is consistent with that accident (section 72); extent of disablement and related assessments including sections 75, 77, 78 and 80; disease or injury prescribed under section 87; whether an accident was an occupational accident for section 90; care claim relevance; blindness affecting work (section 161A); qualified child status (Chapter 8A of Part 3); and whether a specified disability substantially restricts suitable employment (section 210).
Where an opinion is sought the medical assessor must assess all relevant information and provide an opinion on the question posed. A deciding officer must have regard to that opinion when deciding the question. The term 'relevant loss of faculty' is given the meaning assigned by section 69.
300A. Opinion of medical assessor
(1) In determining a person's entitlement (whether in respect of a decision under section 300 or a revised decision under section 301) to a benefit, assistance or a carer's support grant, as the case may be, the opinion of a medical assessor may be sought in respect of, but not limited to, any of the following questions:
(a) whether the person is -
(i) for the purposes of section 40 or section 74, as the case may be, incapable of work, or
(ii) for the purposes of section 118, permanently incapable of work;
(b) the level of restriction, for the purposes of section 46A, on the person's capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work;
(c) whether, for the purposes of Chapter 9 or Chapter 10 of Part 2, the woman concerned is expected to be or has been confined within the meaning of section 51;
(d) whether, for the purposes of section 72 -
(i) the accident, in respect of which the opinion is sought, could have arisen out of and in the course of the insured person's employment, and