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7.—(1) The descriptor which applies to C in relation to each activity in the tables referred to in regulations 5 and 6 is —
(a)where one descriptor is satisfied on over 50% of the days of the required period, that descriptor;
(b)where two or more descriptors are each satisfied on over 50% of the days of the required period, the descriptor which scores the higher or highest number of points; and
(c)where no descriptor is satisfied on over 50% of the days of the required period but two or more descriptors (other than a descriptor which scores 0 points) are satisfied for periods which, when added together, amount to over 50% of the days of the required period–
(i)the descriptor which is satisfied for the greater or greatest proportion of days of the required period; or,
(ii)where both or all descriptors are satisfied for the same proportion, the descriptor which scores the higher or highest number of points.
(2) For the purposes of paragraph (1), a descriptor is satisfied on a day in the required period if it is likely that, if C had been assessed on that day, C would have satisfied that descriptor.
(3) In paragraphs (1) and (2), “required period” means —
(a)in the case where entitlement to personal independence payment falls to be determined, the period of 3 months ending with the prescribed date together with–
(i)in relation to a claim after an interval for the purpose of regulation 15, the period of 9 months beginning with the date on which that claim is made;
(ii)in relation to any other claim, the period of 9 months beginning with the day after the prescribed date.
(b)in the case where personal independence payment has been awarded to C -
(i)during the period of 3 months following a determination of entitlement under a claim for the purpose of regulation 15, the period of 3 months ending with the prescribed date together with, for each day of the award, the period of 9 months beginning with the day after that date;
(ii)in any other case, for each day of the award, the period of 3 months ending with that date together with the period of 9 months beginning with the day after that date.
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