The Disability Assistance for Working Age People (Scotland) Regulations 2022

Determination of ability to carry out activities S

7.—(1) An individual’s ability to carry out a daily living activity or mobility activity is to be determined—

(a) on the basis of the individual’s ability whilst wearing or using any aid or appliance which the individual normally wears or uses, or

(b) as if the individual were wearing or using any aid or appliance which the individual could reasonably be expected to wear or use.

(2) An individual’s ability to carry out an activity is to be determined—

(a) by reference to the descriptors for the activity set out in column 2 of the table in Part 2 of schedule 1 [F1 or, as the case may be, column 2 of the table in Part 3 of schedule 1], and

(b) on the basis of which descriptor applies for the individual to be able to carry out the activity—

(i) safely,

(ii) to an acceptable standard,

(iii) repeatedly, and

(iv) within a reasonable time period.

(3) In this regulation—

(a) “safely” means in a manner unlikely to cause harm to the individual or to another person, either during or after completion of the activity, with consideration given to—

(i) the likelihood of harm, and

(ii) the severity of the consequences of that harm,

(b) “to an acceptable standard” means to a reasonable standard for the activity, taking account of the impact on the individual of carrying out the activity to that standard,

(c) “repeatedly” means as often as the activity is reasonably required to be completed, and

(d) “reasonable time period” means no more than twice as long as the maximum period that an individual without a physical or mental condition or conditions which limits that individual’s ability to carry out the activity in question would normally take to complete that activity.

Textual Amendments

F1 Words in reg. 7(2)(a) inserted (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 19(3)

Commencement Information

I1 Reg. 7 in force at 21.3.2022, see reg. 1