{
  "url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013/regulation-31",
  "json_url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013/regulation-31.json",
  "legislation": "ukdsi/2013/9780111531877",
  "legislation_title": "The Employment and Support Allowance Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-employment-and-support-allowance-regulations-2013",
  "path": "regulation/31",
  "kind": "regulation",
  "number": "31",
  "heading": "Certain claimants to be treated as having, or not having, limited capability for work-related activity",
  "text": "(1) A claimant is to be treated as having limited capability for work-related activity if—\n(a) the claimant is terminally ill;\n(b) the claimant is—\n(i) receiving treatment for cancer by way of chemotherapy or radiotherapy;\n(ii) likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or\n(iii) recovering from such treatment,\nand the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity;\n(c) in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity; or\n(d) the claimant is entitled to universal credit and it has previously been determined that the claimant has limited capability for work and work-related activity on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013.\n(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 30(1) is to be treated as having limited capability for work-related activity if—\n(a) the claimant suffers from some specific disease or bodily or mental disablement; and\n(b) by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.\n(3) A claimant is to be treated as not having limited capability for work-related activity where—\n(a) it has previously been determined, within the six months preceding the date of claim for employment and support allowance, on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013, that the claimant does not have limited capability for work and work-related activity; and\n(b) it appears to the Secretary of State that—\n(i) the determination was not based on ignorance of, or mistake as to, a material fact; and\n(ii) there has been no relevant change of circumstances in relation to the claimant’s physical or mental condition.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111531877/regulation/31",
    "retrieved_at": "2026-10-30T14:50:57.142115+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}