OpenLegislation

Regulation 35 Certain claimants to be treated as having limited capability for work-related activity

England, Wales and Scotland

(1)

A claimant is to be treated as having limited capability for work-related activity if—

(a)

the claimant is terminally ill;

F1(b)

the claimant is-

(i)

receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)

likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)

recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or

(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.

(2)

A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)

the claimant suffers from some specific disease or bodily or mental disablement; and

(b)

by reasons 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.

Annotations

Textual amendments

F1

Reg. 35(1)(b) substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 4(3)

Notes on the whole SI

Textual amendments

F1

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.

F2

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.

F3

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.

F4

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.

F5

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.