The Social Security (Incapacity for Work) (General) Regulations 1995

Incapacity under the personal capability assessmentE+W+S

25.—[F1(1) For the purposes of section 171C(2)(b) of the Contributions and Benefits Act a person is incapable of work in accordance with the personal capability assessment when one or more of the descriptors in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least—

(a)15 points in respect of descriptors specified in Part I; or

(b)10 points in respect of descriptors specified in Part II; or

(c)15 points in respect of descriptors specified in Parts I and II.]

(2) In determining the extent of a person’s incapacity to perform any activity listed in Part I he shall be assessed as if he were wearing any prosthesis with which he is fitted [F2or, as the case may be, any aid or appliance which he normally wears or uses.]

[F3(3) In determining the extent of a person’s incapacity to perform any activity listed in Part I or Part II, it shall be a condition that the person’s incapacity arises—

(a)in respect of a disability listed in Part I, from a specific bodily disease or disablement; or

(b)in respect of a disability listed in Part II, from some specific mental illness or disablement.]

Textual Amendments