PART 6LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY
Certain claimants to be treated as having limited capability for work-related activity35
1
A claimant is to be treated as having limited capability for work-related activity if—
a
the claimant is terminally ill;
b
the claimant is—
i
receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
ii
recovering from that 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.