EOHS Term

Inability to work due to sickness or disability. Incapacity is determined by relevant tests, and allows the incapable person to claim benefits.

How is incapacity assessed
Where a person has been engaged in remunerative work for more than 8 weeks in the 21 weeks immediately preceding the day with respect to which it falls to be determined whether he is or was incapable of work, the test applicable is the own occupation test.
The own occupation test is whether he is incapable by reason of some specific disease or bodily or mental disablement of doing work which he could reasonably be expected to do in the course of the occupation in which he was so engaged. That test remains applicable until the end of the spell of incapacity beginning with that day or, as the case may be, in which that day falls, or until the 197th day of incapacity for work in that spell, whichever is the earlier.

Where in any case the own occupation test is not applicable, or has ceased to apply, the test applicable is the all work test. This is a test of the extent of a person's incapacity, by reasons of some specific disease or bodily or mental disablement, to perform prescribed activities.

Regulations may provide for disqualifying a person for receiving any benefit, allowance or other advantage under any provision or provide that a person shall be treated as capable of work, if (a) he has become incapable of work through his own misconduct; (b) he fails without good cause to attend for or submit himself to such medical or other treatment as may be required in accordance with the regulations; or (c) he fails without good cause to observe any prescribed rules of behaviour.