Regulation 34(1)
[F1SCHEDULE 3N.I.Assessment of whether a claimant has limited capability for work-related activity
Textual Amendments
F1Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-related Activity) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/76), regs. 1(1), 3(6), Sch. 2
| Column 1 | Column 2 | ||
|---|---|---|---|
| Activity | Descriptors | ||
| [F21. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.] | Cannot either— | ||
| (a) | mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or | ||
| (b) | repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. | ||
| 2. Transferring from one seated position to another. | Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. | ||
| 3. Reaching. | Cannot raise either arm as if to put something in the top pocket of a coat or jacket. | ||
| 4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule). | Cannot pick up and move a 0.5 litre carton full of liquid. | ||
| 5. Manual dexterity. | Cannot either— | ||
| (a) | press a button, such as a telephone keypad; or | ||
| (b) | turn the pages of a book, | ||
| with either hand. | |||
| [F36. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.] | Cannot convey a simple message, such as the presence of a hazard. | ||
| [F47. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, or (b) non-verbal means (such as reading 16 point print or Braille) alone, or (c) a combination of (a) and (b), using any aid that is normally or could reasonably be used, unaided by another person.] | Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. | ||
| [F58. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.] | At least once a week experiences— | ||
| (a) | loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or | ||
| (b) | substantial leakage of the contents of a collecting device, | ||
| sufficient to require the individual to clean themselves and change clothing. | |||
| 9. Learning tasks. | Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. | ||
| 10. Awareness of hazard. | Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of— | ||
| (a) | injury to self or others; or | ||
| (b) | damage to property or possessions, | ||
| such that they require supervision for the majority of the time to maintain safety. | |||
| 11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). | Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. | ||
| 12. Coping with change. | Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed. | ||
| 13. Coping with social engagement, due to cognitive impairment or mental disorder. | Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. | ||
| 14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. | Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. | ||
| 15. Conveying food or drink to the mouth. | (a) | Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else; | |
| (b) | Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort; | ||
| (c) | Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or | ||
| (d) | Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving— | ||
| (i) | physical assistance from someone else, or | ||
| (ii) | regular prompting given by someone else in the claimant’s presence. | ||
| 16. Chewing or swallowing food or drink. | (a) | Cannot chew or swallow food or drink; | |
| (b) | Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort; | ||
| (c) | Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or | ||
| (d) | Owing to a severe disorder of mood or behaviour, fails to— | ||
| (i) | chew or swallow food or drink, or | ||
| (ii) | chew or swallow food or drink without regular prompting given by someone else in the | ||
| claimant’s presence.] | |||
Textual Amendments
F2Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(a) (with reg. 2)
F3Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(b) (with reg. 2)
F4Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(c) (with reg. 2)
F5Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(d) (with reg. 2)