Search Legislation

The Employment and Support Allowance Regulations 2008

Changes over time for: PART 1

 Help about opening options

Version Superseded: 28/03/2011

Status:

Point in time view as at 26/10/2009.

Changes to legislation:

The Employment and Support Allowance Regulations 2008, PART 1 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

PART 1E+W+SPhysical disabilities

(1)Activity(2)Descriptors(3)Points
1. Walking with a walking stick or other aid if such aid is normally used.1(a)Cannot walk at all.15
(b)Cannot walk more than 50 metres on level ground without repeatedly stopping or severe discomfort.15
(c)Cannot walk up or down two steps even with the support of a handrail.15
(d)Cannot walk more than 100 metres on level ground without stopping or severe discomfort.9
(e)Cannot walk more than 200 metres on level ground without stopping or severe discomfort.6
(f)None of the above apply.0
2. Standing and sitting.2(a)Cannot stand for more than 10 minutes, unassisted by another person, even if free to move around, before needing to sit down.15
(b)Cannot sit in a chair with a high back and no arms for more than 10 minutes before needing to move from the chair because the degree of discomfort experienced makes it impossible to continue sitting.15
(c)Cannot rise to standing from sitting in an upright chair without physical assistance from another person.15
(d)Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.15
(e)Cannot stand for more than 30 minutes, even if free to move around, before needing to sit down.6
(f)Cannot sit in a chair with a high back and no arms for more than 30 minutes without needing to move from the chair because the degree of discomfort experienced makes it impossible to continue sitting.6
(g)None of the above apply.0
3. Bending or kneeling.3(a)Cannot bend to touch knees and straighten up again.15
(b)Cannot bend, kneel or squat, as if to [F1pick up a light object], such as a piece of paper, situated 15cm from the floor on a low shelf, and to move it and straighten up again without the help of another person.9
(c)Cannot bend, kneel or squat, as if to [F2pick up a light object] off the floor and straighten up again without the help of another person.6
(d)None of the above apply.0
4. Reaching.4(a)Cannot raise either arm as if to put something in the top pocket of a coat or jacket.15
(b)Cannot put either arm behind back as if to put on a coat or jacket.15
(c)Cannot raise either arm to top of head as if to put on a hat.9
(d)Cannot raise either arm above head height as if to reach for something.6
(e)None of the above apply.0
5. Picking up and moving or transferring by the use of the upper body and arms (excluding all other activities specified in Part 1 of this Schedule).5(a)Cannot pick up and move a 0.5 litre carton full of liquid with either hand.15
(b)Cannot pick up and move a one litre carton full of liquid with either hand.9
(c)Cannot pick up and move a light but bulky object such as an empty cardboard box, requiring the use of both hands together.6
(d)None of the above apply.0
6. Manual dexterity.6(a)Cannot turn a “star-headed” sink tap with either hand.15
(b)Cannot pick up a £1 coin or equivalent with either hand.15
(c)Cannot turn the pages of a book with either hand.15
(d)Cannot physically use a pen or pencil.9
(e)Cannot physically use a conventional keyboard or mouse.9
(f)Cannot do up/undo small buttons, such as shirt or blouse buttons.9
(g)Cannot turn a “star-headed” sink tap with one hand but can with the other.6
(h)Cannot pick up a £1 coin or equivalent with one hand but can with the other.6
(i)Cannot pour from an open 0.5 litre carton full of liquid.6
(j)None of the above apply.0
7. Speech.7(a)Cannot speak at all.15
(b)Speech cannot be understood by strangers.15
(c)Strangers have great difficulty understanding speech.9
(d)Strangers have some difficulty understanding speech.6
(e)None of the above apply.0
8. Hearing with a hearing aid or other aid if normally worn.8(a)Cannot hear at all.15
(b)Cannot hear well enough to be able to hear someone talking in a loud voice in a quiet room, sufficiently clearly to distinguish the words being spoken.15
(c)Cannot hear someone talking in a normal voice in a quiet room, sufficiently clearly to distinguish the words being spoken.9
(d)Cannot hear someone talking in a loud voice in a busy street, sufficiently clearly to distinguish the words being spoken.6
(e)None of the above apply.0
9. Vision including visual acuity and visual fields, in normal daylight or bright electric light, with glasses or other aid to vision if such aid is normally worn.9(a)Cannot see at all.15
(b)Cannot see well enough to read 16 point print at a distance of greater than 20cm.15
(c)Has 50% or greater reduction of visual fields.15
(d)Cannot see well enough to recognise a friend at a distance of a least 5 metres.9
(e)Has 25% or more but less than 50% reduction of visual fields.6
(f)Cannot see well enough to recognise a friend at a distance of at least 15 metres.6
(g)None of the above apply.0
10(a)Continence other than enuresis (bed wetting) where the claimant does not have an artificial stoma or urinary collecting device.10(a)(i)Has no voluntary control over the evacuation of the bowel.15
10(a)(ii)Has no voluntary control over the voiding of the bladder.15
10(a)(iii)At least once a month loses control of bowels so that the claimant cannot control the full evacuation of the bowel.15
10(a)(iv)At least once a week, loses control of bladder so that the claimant cannot control the full voiding of the bladder.15
10(a)(v)Occasionally loses control of bowels so that the claimant cannot control the full evacuation of the bowel.9
10(a)(vi)At least once a month loses control of bladder so that the claimant cannot control the full voiding of the bladder.6
10(a)(vii)Risks losing control of bowels or bladder so that the claimant cannot control the full evacuation of the bowel or the full voiding of the bladder if not able to reach a toilet quickly.6
10(a)(viii)None of the above apply.0
10(b)Continence where the claimant uses a urinary collecting device, worn for the majority of the time including an indwelling urethral or suprapubic catheter.10(b)(i)Is unable to affix, remove or empty the catheter bag or other collecting device without receiving physical assistance from another person.15
10(b)(ii)Is unable to affix, remove or empty the catheter bag or other collecting device without causing leakage of contents.15
10(b)(iii)Has no voluntary control over the evacuation of the bowel.15
10(b)(iv)At least once a month, loses control of bowels so that the claimant cannot control the full evacuation of the bowel.15
10(b)(v)Occasionally loses control of bowels so that the claimant cannot control the full evacuation of the bowel.9
10(b)(vi)Risks losing control of bowels so that the claimant cannot control the full evacuation of the bowel if not able to reach a toilet quickly.6
10(b)(vii)None of the above apply.0
10(c)Continence other than enuresis (bed wetting) where the claimant has an artificial stoma.10(c)(i)Is unable to affix, remove or empty stoma appliance without receiving physical assistance from another person.15
10(c)(ii)Is unable to affix remove or empty stoma appliance without causing leakage of contents.15
[F310(c)(iii)Where the claimant’s artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of the bladder.] [F415]
10(c) [F5(iv)]Where the claimant's artificial stoma relates solely to the evacuation of the bowel, at least once a week, loses control of bladder so that the claimant cannot control the full voiding of the bladder.15
10(c) [F6(v)]Where the claimant's artificial stoma relates solely to the evacuation of the bowel, [F7at least once a month], loses control of bladder so that the claimant cannot control the full voiding of the bladder.9
10(c) [F8(vi)]Where the claimant's artificial stoma relates solely to the evacuation of the bowel, risks losing control of the bladder so that the claimant cannot control the full voiding of the bladder if not able to reach a toilet quickly.6
10(c) [F9(vii)]None of the above apply.0
11. Remaining conscious during waking moments.11(a)At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.15
(b)At least once a month, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.9
(c)At least twice in the six months immediately preceding the assessment, has had an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration.6
(d)None of the above apply.0

Textual Amendments

F4Word in Sch. 2 para. 10(c)(iii) added (as renumbered by SI 2008/2428 reg. 12(b)(i)) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(d)

F5Sch. 2 para. 10(c)(iv): Sch. 2 para. 10(c)(iii) renumbered as Sch. 2 para. 10(c)(iv) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(b)(i)

F6Sch. 2 para. 10(c)(v): Sch. 2 para. 10(c)(iv) renumbered as Sch. 2 para. 10(c)(v) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(b)(ii)

F7Words in Sch. 2 para. 10(c)(v) substituted (as renumbered by SI 2008/2428 reg. 12(b)(iii)) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(e)

F8Sch. 2 para. 10(c)(vi): Sch. 2 para. 10(c)(v) renumbered as Sch. 2 para. 10(c)(vi) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(b)(iii)

F9Sch. 2 para. 10(c)(vii): Sch. 2 para. 10(c)(vi) renumbered as Sch. 2 para. 10(c)(vii) (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 12(b)(iv)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources