Amendment of Schedule 2 of the Employment and Support Allowance Regulations5

1

In Part 1 of Schedule 2 M1 to the Employment and Support allowance Regulations (assessment of whether a claimant has limited capability for work)—

a

in Activity 1 for the wording in column 1 substitute—

1. 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.

b

in Activity 2, in column 2—

i

in paragraph 2(b)(ii) after “(even in an adjustable chair)” insert—

; or

iii

a combination of (i) and (ii),

ii

in paragraph 2(c)(ii) after “(even in an adjustable chair)” insert—

; or

iii

a combination of (i) and (ii),

c

in Activity 5, in column 2, in paragraph 5(d) after “Cannot” insert “ single-handedly ”;

d

in Activity 6, for the wording in column 1 substitute—

6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.

e

in Activity 7, for the wording in column 1 substitute—

7. Understanding communication by—

a

verbal means (such as hearing or lip reading) alone,

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.

f

in Activity 8, for the wording in column 1 substitute—

8. Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.

g

in Activity 9—

i

for the wording in column 1 substitute—

9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or 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.

ii

in column 2 in paragraph 9(b) for “At risk” substitute “ The majority of the time is at risk ”.

2

In Part 2 of Schedule 2 to the Employment and Support Allowance Regulations (Mental, Cognitive and Intellectual Function Assessment) in Activity 15, in column 2 for the wording in paragraph (a) substitute—

a

Cannot get to any place outside the claimant's home with which the claimant is familiar.