PART 5CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY

Limited capability for work39

1

A claimant has limited capability for work if—

a

it has been determined that the claimant has limited capability for work on the basis of an assessment under this Part or under Part 4 of the ESA Regulations; or

b

the claimant is to be treated as having limited capability for work (see paragraph (6)).

2

An assessment under this Part is an assessment as to the extent to which a claimant who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in Schedule 6 or is incapable by reason of such disease or bodily or mental disablement of performing those activities.

3

A claimant has limited capability for work on the basis of an assessment under this Part if, by adding the points listed in column (3) of Schedule 6 against each descriptor listed in column (2) of that Schedule that applies in the claimant's case, the claimant obtains a total score of at least—

a

15 points whether singly or by a combination of descriptors specified in Part 1 of that Schedule;

b

15 points whether singly or by a combination of descriptors specified in Part 2 of that Schedule; or

c

15 points by a combination of descriptors specified in Parts 1 and 2 of that Schedule.

4

In assessing the extent of a claimant's capability to perform any activity listed in Schedule 6, it is a condition that the claimant's incapability to perform the activity arises—

a

in respect of any descriptor listed in Part 1 of Schedule 6, from a specific bodily disease or disablement;

b

in respect of any descriptor listed in Part 2 of Schedule 6, from a specific mental illness or disablement; or

c

in respect of any descriptor or descriptors listed in—

i

Part 1 of Schedule 6, as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement, or

ii

Part 2 of Schedule 6, as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

5

Where more than one descriptor specified for an activity applies to a claimant, only the descriptor with the highest score in respect of each activity which applies is to be counted.

6

A claimant is to be treated as having limited capability for work if any of the circumstances set out in Schedule 8 applies.