The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013

Amendment of Schedule 2 of the Employment and Support Allowance Regulations N.I.

5.—(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.”.

Marginal Citations

M1 Schedule 2 was substituted by regulation 3(5) of and Schedule 1 to S.R. 2011 No. 76