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