4.—(1) For the purposes of section 77(2) and section 78 or 79, as the case may be, of the Act, whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C's physical or mental condition, is to be determined on the basis of an assessment.
(2) C's ability to carry out an activity is to be assessed –
(a)on the basis of C's ability whilst wearing or using any aid or appliance which C normally wears or uses; or
(b)as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.
[F1(2A) Where C’s ability to carry out an activity is assessed, C is to be assessed as satisfying a descriptor only if C can do so—
(a)safely;
(b)to an acceptable standard;
(c)repeatedly; and
(d)within a reasonable time period.]
(3) Where C has been assessed as having severely limited ability to carry out activities, C is not to be treated as also having limited ability in relation to the same activities.
[F2(4) In this regulation—
(a)“safely” means in a manner unlikely to cause harm to C or to another person, either during or after completion of the activity;
(b)“repeatedly” means as often as the activity being assessed is reasonably required to be completed; and
(c)“reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.]
Textual Amendments
F1Reg. 4(2A) inserted (8.4.2013) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (S.I. 2013/455), regs. 1, 2(a)
F2Reg. 4(4) inserted (8.4.2013) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (S.I. 2013/455), regs. 1, 2(b)
Commencement Information
I1Reg. 4 coming into force in accordance with reg. 1(2) and S.I. 2013/358