PART II GENERAL PROVISIONS RELATING TO INCAPACITY FOR WORK

CHAPTER III: PERSONS TREATED AS INCAPABLE OF WORK

10 Certain persons with a severe condition to be treated as incapable of work
1 A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.
2 The circumstances referred to in paragraph (1) are—
(a) that he is in receipt of the highest rate of the care component of disability living allowance;
(b) that he is suffering from a progressive disease and his death inconsequence of that disease can reasonably be expected within 6 months;
(c) that he has been certified as blind and in consequence is registered as blind in a register maintained by, or on behalf of, a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;
S.I. 1972/1265 (N.I. 14)
(d) that he is suffering from any of the following conditions—
(i) tetraplegia;
(ii) persistent vegetative state;
(iii) dementia;
(iv) paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic;
(e) that a doctor approved by the Department has certified that he is suffering from any of the following conditions—
(i) a severe learning disability (which, for the purposes of this regulation, means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning);
(ii) a severe and progressive neurological and muscle wasting disease;
(iii) an active and progressive form of inflammatory polyarthritis;
(iv) a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;
(v) dense paralysis of the upper limb, trunk and lower limb on one side of the body;
(vi) multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;
(vii) a severe and progressive immune deficiency state characterised by the occurrence of opportunistic infections or tumour formation;
(viii) a severe mental illness.