Certain persons with a severe condition to be treated as incapable of work
10.—(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(1);
(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.