The Employment and Support Allowance Regulations 2008

Regulation 34(1)

SCHEDULE 3 E+W+S ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

Column 1Activity			Column 2Descriptors
1. Walking or moving on level ground.			Cannot—
				(a)		walk (with a walking stick or other aid if such aid is normally used);
				(b)		move (with the aid of crutches if crutches are normally used); or
				(c)		manually propel the claimant's wheelchair;
			more than 30 metres without repeatedly stopping, experiencing breathlessness or severe discomfort.
2. Rising from sitting and transferring from one seated position to another.			Cannot complete both of the following—
				(a)		rise to standing from sitting in an upright chair without receiving physical assistance from someone else; and
				(b)		move between one seated position and another seated position located next to one another without receiving physical assistance from someone else.
3. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).			Cannot pick up and move 0.5 litre carton full of liquid with either hand.
4. Reaching.			Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
5. Manual dexterity.			Cannot—
				(a)		turn a “star-headed” sink tap with either hand; or
				(b)		pick up a £1 coin or equivalent with either hand.
6. Continence.
	(a)	Continence other than enuresis (bed wetting) where the claimant does not have an artificial stoma or urinary collecting device.			(a)	Has no voluntary control over the evacuation of the bowel;
					(b)	Has no voluntary control over the voiding of the bladder;
					(c)	At least once a week, loses control of bowels so that the claimant cannot control the full evacuation of the bowel;
					(d)	At least once a week, loses control of bladder so that the claimant cannot control the full voiding of the bladder;
					(e)	At least once a week, fails to control full evacuation of the bowel, owing to a severe disorder of mood or behaviour; or
					(f)	At least once a week, fails to control full-voiding of the bladder, owing to a severe disorder of mood or behaviour.
	(b)	Continence where the claimant uses a urinary collecting device, worn for the majority of the time including an indwelling urethral or suprapubic catheter.			(a)	Is unable to affix, remove or empty the catheter bag or other collecting device without receiving physical assistance from another person;
					(b)	Is unable to affix, remove or empty the catheter bag or other collecting device without causing leakage of contents;
					(c)	Has no voluntary control over the evacuation of the bowel;
					(d)	At least once a week loses control of bowels so that the claimant cannot control the full evacuation of the bowel; or
					(e)	At least once a week, fails to control full evacuation of the bowel, owing to a severe disorder of mood or behaviour.
	(c)	Continence other than enuresis (bed wetting) where the claimant has an artificial stoma appliance.			(a)	Is unable to affix, remove or empty stoma appliance without receiving physical assistance from another person;
					(b)	Is unable to affix, remove or empty stoma without causing leakage of contents;
					(c)	Where the claimant's artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of bladder;
					(d)	Where the claimant's artificial stoma relates solely to the evacuation of the bowel, at least once a week, loses control of the bladder so that the claimant cannot control the full voiding of the bladder; or
					(e)	Where the claimant's artificial stoma relates solely to the evacuation of the bowel, at least once a week, fails to control the full voiding of the bladder, owing to a severe disorder of mood or behaviour.
7. Maintaining personal hygiene.
					(a)	Cannot clean own torso (excluding own back) without receiving physical assistance from someone else;
					(b)	Cannot clean own torso [F1 (excluding own back)] without repeatedly stopping, experiencing breathlessness or severe discomfort;
					(c)	Cannot clean own torso [F2 (excluding own back)] without receiving regular prompting given by someone else in the claimant's presence; or
					(d)	Owing to a severe disorder of mood or behaviour, fails to clean own torso (excluding own back) without receiving—
						(i)	physical assistance from someone else; or
						(ii)	regular prompting given by someone else in the claimant's presence.
8. Eating and drinking.
	(a)	Conveying food or drink to the mouth.			(a)	Cannot convey food or drink to the claimant's own mouth without receiving physical assistance from someone else;
					(b)	Cannot convey food or drink to the claimant's own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
					(c)	Cannot convey food or drink to the claimant's own mouth without receiving regular prompting given by someone else in the claimant's physical presence; or
					(d)	Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant's own mouth without receiving—
						(i)	physical assistance from someone else; or
						(ii)	regular prompting given by someone else in the claimant's presence.
	(b)	Chewing or swallowing food or drink.			(a)	Cannot chew or swallow food or drink;
					(b)	Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
					(c)	Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant's presence; or
					(d)	Owing to a severe disorder of mood or behaviour, fails to—
						(i)	chew or swallow food or drink; or
						(ii)	chew or swallow food or drink without regular prompting given by someone else in the claimant's presence.
9. Learning or comprehension in the completion of tasks.					(a)	Cannot learn or understand how to successfully complete a simple task, such as the preparation of a hot drink, at all;
					(b)	Needs to witness a demonstration, given more than once on the same occasion of how to carry out a simple task before the claimant is able to learn or understand how to complete the task successfully, but would be unable to successfully complete the task the following day without receiving a further demonstration of how to complete it; or
					(c)	Fails to do any of the matters referred to in (a) or (b) owing to a severe disorder of mood or behaviour.
10. Personal action.					(a)	Cannot initiate or sustain any personal action (which means planning, organisation, problem solving, prioritising or switching tasks);
					(b)	Cannot initiate or sustain personal action without requiring daily verbal prompting given by someone else in the claimant's presence; or
					(c)	Fails to initiate or sustain basic personal action without requiring daily verbal prompting given by some else in the claimant's presence, owing to a severe disorder of mood or behaviour.
11. Communication.					(a)	None of the following forms of communication can be achieved by the claimant—
						(i)	speaking (to a standard that may be understood by strangers);
						(ii)	writing (to a standard that may be understood by strangers);
						(iii)	typing (to a standard that may be understood by strangers);
						(iv)	sign language to a standard equivalent to Level 3 British Sign Language;
					(b)	None of the forms of communication referred to in (a) are achieved by the claimant, owing to a severe disorder of mood or behaviour;
					(c)	Misinterprets verbal or non-verbal communication to the extent of causing distress to himself or herself on a daily basis; or
					(d)	Effectively cannot make himself or herself understood to others because of the claimant's disassociation from reality owing to a severe disorder of mood or behaviour.

Textual Amendments

F1 Words in Sch. 3 para. 7(b) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 13

F2 Words in Sch. 3 para. 7(c) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 13