Regulation 40(6)
1. The claimant is receiving—N.I.
(a)regular weekly treatment by way of haemodialysis for chronic renal failure,
(b)treatment by way of plasmapheresis, or
(c)regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function,
or recovering from any of those forms of treatment in circumstances in which the Department is satisfied that the claimant should be treated as having limited capability for work.
2.—(1) The claimant is—N.I.
(a)undergoing medical or other treatment as a patient in a hospital or similar institution, or
(b)recovering from such treatment in circumstances in which the Department is satisfied that the claimant should be treated as having limited capability for work.
(2) The circumstances in which a claimant is to be regarded as undergoing treatment falling within sub-paragraph (1)(a) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol dependency.
(3) For the purposes of this paragraph, a claimant is to be regarded as undergoing treatment as a patient in a hospital or similar institution only if that claimant has been advised by a health care professional to stay for a period of 24 hours or longer following medical or other treatment.
3.—(1) The claimant—N.I.
(a)is excluded or abstains from work pursuant to a request or notice in writing lawfully made or given under a statutory provision, or
(b)is otherwise prevented from working pursuant to a statutory provision,
by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination.
(2) In sub-paragraph (1) “relevant infection or contamination” means—
(i)infectious disease within the meaning of section 32 of the Public Health Act (Northern Ireland) 1967 M1 (interpretation), or
(ii)contamination within the meaning of section 2A(1A) M2 of that Act.
Marginal Citations
M2Section 2A(1A) was inserted by section 1(3) of the Public Health (Amendment) Act (Northern Ireland) 2008 (c.5)
4.—(1) The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work.N.I.
(2) This paragraph does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant's workplace, or
(b)the claimant taking medication to manage their condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.
5. The claimant is suffering from a life threatening disease in relation to which—N.I.
(a)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
(b)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.
6. The claimant has reached the qualifying age for state pension credit and is entitled to disability living allowance [F1, personal independence payment or adult disability payment] .N.I.
Textual Amendments
F1Words in Sch. 8 para. 6 substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(9)