The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

PART III ALL WORK TEST

Interpretation of Part III and the Schedule

23.  In this Part and the Schedule, any reference to a numbered Part is to the Part in the Schedule bearing that number.

The all work test

24.  The all work test is a test of the extent of a person’s incapacity, by reason of some specific disease or bodily or mental disablement, to perform the activities prescribed in the Schedule.

Assessment under the all work test

25.—(1) A person satisfies the all work test when one or more of the descriptors specified in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least—

(a) 15 points in respect of descriptors specified in Part I;

(b) 10 points in respect of descriptors specified in Part II; or

(c) 15 points in respect of descriptors specified in Parts I and II.

(2) In determining the extent of a person’s incapacity to perform any activity listed in Part I he shall be assessed as if he were wearing any prosthesis with which he is fitted.

Calculation of scores

26.—(1) In determining a person’s score for the purposes of regulation 25(1)(c)—

(a) a score of between 6 and 9 points in respect of those descriptors specified in Part II shall be treated as a score of 9 points when added to the score in respect of descriptors specified in Part I;

(b) a score of less than 6 points in respect of any descriptors specified in Part II shall be disregarded.

(2) In determining a person’s score where descriptors specified for activities 1 and 2 in Part I apply to him, only one descriptor shall be counted and that shall be the descriptor with the highest score in respect of either activity which applies to him.

(3) In determining a person’s score in respect of descriptors specified in Part I where more than one descriptor specified for any activity applies to him, only one descriptor shall be counted and that shall be the descriptor with the highest score in respect of each activity which applies to him.

(4) In determining a person’s score in respect of descriptors specified in Part II the score in respect of each descriptor which applies to him shall be counted.

Exceptional circumstances

27.  A person who does not satisfy the all work test shall be treated as incapable of work if in the opinion of a doctor approved by the Department—

(a) he suffers from a previously undiagnosed potentially life-threatening condition;

(b) he suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work;

(c) he suffers from a severe uncontrolled or uncontrollable disease; or

(d) he will, within 3 months of the date on which the doctor so approved examines him, have a major surgical operation or other major therapeutic procedure.

Conditions for treating the all work test as satisfied until assessment

28.—(1) Where the all work test applies, the test shall, if the conditions set out in paragraph (2) are met, be treated as satisfied until a person has been assessed or until he falls to be treated as capable of work in accordance with regulation 7 or 8.

(2) The conditions referred to in paragraph (1) are—

(a) that the person provides evidence of his incapacity for work in accordance with the Medical Evidence Regulations; and

(b) that it has not within the preceding 6 months been determined, in relation to his entitlement to any benefit, allowance or advantage, that the person is capable of work, or is to be treated as capable of work under regulation 7 or 8, unless—

(i) he is suffering from some specific disease or bodily or mental disablement which he was not suffering from at the time of that determination;

(ii) a disease or bodily or mental disablement which he was suffering from at the time of that determination has significantly worsened, or

(iii) in the case of a person who was treated as capable of work under regulation 7, he has since satisfied any requirements of the Department under that regulation.