Amendment of Part 6 of the ESA Regulations4
1
Part 6 of the ESA Regulations (Limited Capability for Work-Related Activity) is amended as follows.
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.
b
after paragraph (3) insert—
3A
In determining whether a descriptor applies, it is a condition that the claimant’s incapability arises—
a
in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16 (b), from a specific bodily disease or disablement;
b
in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16 (d), from a specific mental illness or disablement; or
c
in respect of—
i
descriptors 1 to 8, 15(a), 15(b), 16(a) and 16 (b), as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement;
ii
descriptors 9 to 14, 15(c), 15(d), 16(c) and 16 (d), as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.
3
In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)6, 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 six months after the date of the determination of capability for work-related activity; or
iii
recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or