PART IIGENERAL PROVISIONS RELATING TO INCAPACITY FOR WORK

CHAPTER III:PERSONS TREATED AS INCAPABLE OF WORK

Certain persons with a severe condition to be treated as incapable of work10

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 19727;

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.