35.—(1) A claimant is to be treated as having limited capability for work-related activity if—
(a)the claimant is terminally ill;
[F1(b)the claimant is-
(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or
(iii)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or]
(c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.
(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a)the claimant suffers from some specific disease or bodily or mental disablement; and
(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
Textual Amendments
F1Reg. 35(1)(b) substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 4(3)