- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Universal Credit Regulations 2013 No. 376
40.—(1) A claimant has limited capability for work and work-related activity if—
(a)it has been determined that—
(i)the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part, or
(ii)the claimant has limited capability for work related activity on the basis of an assessment under Part 5 of ESA Regulations; or
(b)the claimant is to be treated as having limited capability for work and work-related activity (see paragraph (5)).
(2) A claimant has limited capability for work and work-related activity on the basis of an assessment under this Part if, by reason of the claimant’s physical or mental condition,—
(a)at least one of the descriptors set out in Schedule 7 applies to the claimant;
(b)the claimant’s capability for work and work-related activity is limited; and
(c)the limitation is such that it is not reasonable to require that claimant to undertake such activity.
(3) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises—
(a)in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b)—
(i)from a specific bodily disease or disablement; or
(ii)as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement; or
(b)in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d)—
(i)from a specific mental illness or disablement; or
(ii)as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.
(4) A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.
(5) A claimant is to be treated as having limited capability for work and work-related activity if any of the circumstances set out in Schedule 9 applies.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: