{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-35",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-35.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "regulation/35",
  "kind": "regulation",
  "number": "35",
  "heading": "Certain claimants to be treated as 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; or\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.\n(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—\n(a) the claimant suffers from some specific disease or bodily or mental disablement; and\n(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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/regulation/35",
    "retrieved_at": "2026-11-06T03:37:55.280707+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."
}