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Regulation 34(1)

[F1SCHEDULE 3N.I.Assessment of whether a claimant has limited capability for work-related activity

Textual Amendments

Column 1Column 2
ActivityDescriptors
[F21. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.]Cannot either—
(a)mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
(b)repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
2. Transferring from one seated position to another.Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.
3. Reaching.Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).Cannot pick up and move a 0.5 litre carton full of liquid.
5. Manual dexterity. [F3Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.]
[F46. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.]Cannot convey a simple message, such as the presence of a hazard.
[F57. Understanding communication by— (a) verbal means (such as hearing or lip reading) alone, or (b) non-verbal means (such as reading 16 point print or Braille) alone, or (c) a combination of (a) and (b), using any aid that is normally or could reasonably be used, unaided by another person.]Cannot understand a simple message [F6, such as the location of a fire escape,] due to sensory impairmentF7....
[F88. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.]At least once a week experiences—
(a)loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(b)substantial leakage of the contents of a collecting device,
sufficient to require the individual to clean themselves and change clothing.
9. Learning tasks.Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.
10. Awareness of hazard.Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of—
(a)injury to self or others; or
(b)damage to property or possessions,
such that [F9the claimant requires] supervision for the majority of the time to maintain safety.
11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
12. Coping with change.Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.
13. Coping with social engagement, due to cognitive impairment or mental disorder.Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the [F10claimant] .
14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15. Conveying food or drink to the mouth.(a)Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b)Cannot convey food or drink to the claimant’s own mouth without repeatedly [F11stopping or] , experiencing breathlessness or severe discomfort;
(c)Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or
(d)Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving—
(i)physical assistance from someone else, or
(ii)regular prompting given by someone else in the claimant’s presence.
16. Chewing or swallowing food or drink.(a)Cannot chew or swallow food or drink;
(b)Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c)Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d)Owing to a severe disorder of mood or behaviour, fails to—
(i)chew or swallow food or drink, or
(ii)chew or swallow food or drink without regular prompting given by someone else in the
claimant’s presence.]

Textual Amendments

F2Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(a) (with reg. 2)

F4Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(b) (with reg. 2)

F5Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(c) (with reg. 2)

F8Words in Sch. 3 substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 6(d) (with reg. 2)