OpenLegislation

Part 1 Physical disabilitiesF1

England, Wales and Scotland

(1)Activity(2) Descriptors(3)Points
1. F2Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used. 1(a)

Cannot F3unaided by another person either:

  1. (i)

    mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

    or

  2. (ii)

    repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

15
(b)Cannot F4unaided by another person mount or descend two steps F5... even with the support of a handrail.9
(c)

Cannot unaided by another person either:

  1. (i)

    mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

    or

  2. (ii)

    repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.

9
(d)

Cannot unaided by another person either:

  1. (i)

    mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

    or

  2. (ii)

    repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.

6
(e)None of the above F6applies.0
2. Standing and sitting.2(a)Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.15
(b)

Cannot, for the majority of the time, remain at a work station, either:

  1. (i)

    standing unassisted by another person (even if free to move around); or

  2. (ii)

    sitting (even in an adjustable chair)F7; or

  3. (iii)

    a combination of (i) and (ii),

for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.

9
(c)

Cannot, for the majority of the time, remain at a work station, either:

  1. (i)

    standing unassisted by another person (even if free to move around); or

  2. (ii)

    sitting (even in an adjustable chair)F8; or

  3. (iii)

    a combination of (i) and (ii),

for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.

6
(d)None of the above apply0
3. Reaching.3(a)Cannot raise either arm as if to put something in the top pocket of a coat or jacket.15
(b)Cannot raise either arm to top of head as if to put on a hat.9
(c)Cannot raise either arm above head height as if to reach for something.6
(d)None of the above apply.0
4. Picking up and moving or transferring by the use of the upper body and arms.(a)Cannot pick up and move a 0.5 litre carton full of liquid.15
(b)Cannot pick up and move a one litre carton full of liquid.9
(c)Cannot transfer a light but bulky object such as an empty cardboard box.6
(d)None of the above apply.0
5. Manual dexterity.5(a)

F9Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.

15
(b)Cannot pick up a £1 coin or equivalent with either hand.15
(c)Cannot use a pen or pencil to make a meaningful mark F10with either hand.9
(d)Cannot use a suitable keyboard or mouse F11single-handedly.9
(e)None of the above F12applies.0
6. F13Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person. 6(a)Cannot convey a simple message, such as the presence of a hazard.15
(b)Has significant difficulty conveying a simple message to strangers.15
(c)Has some difficulty conveying a simple message to strangers.6
(d)None of the above apply.0
7.

F14Understanding communication by—

  1. (i)

    verbal means (such as hearing or lip reading) alone,

  2. (ii)

    non-verbal means (such as reading 16 point print or Braille) alone, or

  3. (iii)

    a combination of (i) and (ii),

using any aid that is normally, or could reasonably be, used, unaided by another person.

7(a)Cannot understand a simple messageF15, such as the location of a fire escape, due to sensory impairment,F16....15
(b)Has significant difficulty understanding a simple message from a stranger due to sensory impairment.15
(c)Has some difficulty understanding a simple message from a stranger due to sensory impairment.6
(d)None of the above F17applies.0
8. F18Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used. 8(a)Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.15
(b)Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.15
(c)Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.9
(d)None of the above apply.0
9. F19Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used. 9(a)

At least once a month experiences:

  1. (i)

    loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

  2. (ii)

    substantial leakage of the contents of a collecting device

sufficient to require cleaning and a change in clothing.

15
(b) F20The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.6
(c) F21neither of the above applies.0
10. Consciousness during waking moments.10(a)At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.15
(b)At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.6
(c)None of the above apply.0.

Annotations

Textual amendments

F1

Sch. 2 substituted (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011 (S.I. 2011/228), regs. 1(1), 4(1), Sch. 1

F2

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(a) (with reg. 2)

F3

Words in Sch. 2 Pt. 1 para. 1 inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(a)(i)

F4

Words in Sch. 2 Pt. 1 para. 1 inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(a)(ii)

F5

Words in Sch. 2 Pt. 1 para. 1 omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(a)(ii)

F6

Words in Sch. 2 Pt. 1 para. 1 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(a)(iii)

F7

Words in Sch. 2 Pt. 1 inserted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(b)(i) (with reg. 2)

F8

Words in Sch. 2 Pt. 1 inserted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(b)(ii) (with reg. 2)

F9

Words in Sch. 2 Pt. 1 para. 5 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(b)(i)

F10

Words in Sch. 2 Pt. 1 para. 5 inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(b)(ii)

F11

Words in Sch. 2 Pt. 1 inserted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(c) (with reg. 2)

F12

Word in Sch. 2 Pt. 1 para. 5 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(b)(iii)

F13

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(d) (with reg. 2)

F14

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(e) (with reg. 2)

F15

Words in Sch. 2 Pt. 1 para. 7 inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(c)(i)(aa)

F16

Words in Sch. 2 Pt. 1 para. 7 omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(c)(i)(bb)

F17

Word in Sch. 2 Pt. 1 para. 7 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(c)(ii)

F18

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(f) (with reg. 2)

F19

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(g)(i) (with reg. 2)

F20

Words in Sch. 2 Pt. 1 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 5(1)(g)(ii) (with reg. 2)

F21

Words in Sch. 2 Pt. 1 para. 9 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(32)(d)

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.