Ability to carry out daily living activities or mobility activities
85.—(1) For the purposes of this Part, the following questions are to be determined in accordance with regulations—
(a)whether a person’s ability to carry out daily living activities is limited by the person’s physical or mental condition;
(b)whether a person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition;
(c)whether a person’s ability to carry out mobility activities is limited by the person’s physical or mental condition;
(d)whether a person’s ability to carry out mobility activities is severely limited by the person’s physical or mental condition.
(2) Regulations must make provision for determining, for the purposes of each of Articles 83(1) and (2) and 84(1) and (2), whether a person meets “the required period condition” (see further Article 86).
(3) Regulations under this Article—
(a)must provide for the questions mentioned in paragraphs (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;
(b)must provide for the way in which an assessment is to be carried out;
(c)must provide for relevant medical evidence to be taken into account in assessing a person and may make provision about other matters which are, or are not, to be taken into account.
(4) The regulations may, in particular, make provision—
(a)about the information or evidence required for the purpose of determining the questions mentioned in paragraphs (1) and (2);
(b)about the way in which that information or evidence is to be provided;
(c)requiring a person to participate in such a consultation, with a person approved by the Department, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).
(5) The regulations may include provision—
(a)for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under paragraph (4);
(b)about what does or does not constitute a good reason for such a failure;
(c)about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.
(6) In paragraph (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—
(a)Article 83(1)(a) and (b) or (2)(a) and (b) (daily living component);
(b)Article 84(1)(a) to (c) or (2)(a) to (c) (mobility component).