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.