PART 5Limited Capability for Work-related Activity

Certain claimants to be treated as having, or not having, limited capability for work-related activity31

1

A claimant is to be treated as having limited capability for work-related activity if—

a

the claimant is terminally ill;

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;

c

in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity; or

d

the claimant is entitled to universal credit and it has previously been determined that the claimant has limited capability for work and work-related activity on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013.

2

A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 30(1) is to be treated as having limited capability for work-related activity if—

a

the claimant suffers from some specific disease or bodily or mental disablement; and

b

by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

3

A claimant is to be treated as not having limited capability for work-related activity where—

a

it has previously been determined, within the six months preceding the date of claim for employment and support allowance, on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013, that the claimant does not have limited capability for work and work-related activity; and

b

it appears to the Secretary of State that—

i

the determination was not based on ignorance of, or mistake as to, a material fact; and

ii

there has been no relevant change of circumstances in relation to the claimant's physical or mental condition.