Amendment of Part 6 of the Employment and Support Allowance Regulations4

1

Part 6 of the Employment and Support Allowance Regulations (limited capability for work-related activity) is amended in accordance with paragraphs (2) and (3).

2

In regulation 34 (determination of limited capability for work-related activity)—

a

for paragraph (3) substitute—

3

In determining whether a descriptor applies to the claimant, the claimant is to be assessed as if—

a

the claimant were fitted with or wearing any prosthesis with which the claimant is normally fitted or normally wears; or, as the case may be,

b

wearing or using any aid or appliance which is normally, or could reasonably be expected to be, worn or used.

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In regulation 35(1) M1 (certain claimants to be treated as having limited capability for work-related activity) for sub-paragraph (b) substitute—

b

the claimant is—

i

receiving treatment for cancer by way of chemotherapy or radiotherapy,

ii

likely to receive such treatment within 6 months after the date of the determination of capability for work-related activity, or

iii

recovering from such treatment,

and the Department is satisfied that the claimant should be treated as having limited capability for work-related activity; or