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The Social Security (Personal Independence Payment) Regulations 2013

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Assessment of ability to carry out activitiesE+W+S

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4.—(1) For the purposes of section 77(2) and section 78 or 79, as the case may be, of the Act, whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C's physical or mental condition, is to be determined on the basis of an assessment.

(2) C's ability to carry out an activity is to be assessed –

(a)on the basis of C's ability whilst wearing or using any aid or appliance which C normally wears or uses; or

(b)as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.

[F1(2A) Where C’s ability to carry out an activity is assessed, C is to be assessed as satisfying a descriptor only if C can do so—

(a)safely;

(b)to an acceptable standard;

(c)repeatedly; and

(d)within a reasonable time period.]

(3) Where C has been assessed as having severely limited ability to carry out activities, C is not to be treated as also having limited ability in relation to the same activities.

[F2(4) In this regulation—

(a)“safely” means in a manner unlikely to cause harm to C or to another person, either during or after completion of the activity;

(b)“repeatedly” means as often as the activity being assessed is reasonably required to be completed; and

(c)“reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.]

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Commencement Information

I1Reg. 4 coming into force in accordance with reg. 1(2) and S.I. 2013/358

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