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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.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2016 - onwards
Version 2 of 2

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