Regulation 4 Assessment of ability to carry out activities
(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.
(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.