Schedule 3 ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITYF1
England, Wales and Scotland
| Activity | Descriptors |
|---|---|
| 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. | Cannot either:
|
| 2. Transferring from one seated position to another. | Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. |
| 3. Reaching. | Cannot raise either arm as if to put something in the top pocket of a coat or jacket. |
| 4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule). | Cannot pick up and move a 0.5 litre carton full of liquid. |
| 5. Manual dexterity. | F3Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand. |
| 6. F4Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person. | Cannot convey a simple message, such as the presence of a hazard. |
| 7. F5Understanding communication by:
using any aid that is normally, or could reasonably be, used, unaided by another person. | Cannot understand a simple messageF6, such as the location of a fire escape, due to sensory impairmentF7.... |
| 8. F8Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the 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. | At least once a week experiences:
sufficient to require the individual to clean themselves and change clothing. |
| 9. Learning tasks. | Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. |
| 10. Awareness of hazard. | Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of:
such that F9the claimant requires supervision for the majority of the time to maintain safety. |
| 11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). | Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. |
| 12. Coping with change. | Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed. |
| 13. Coping with social engagement, due to cognitive impairment or mental disorder. | Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the F10claimant. |
| 14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. | Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. |
| 15. Conveying food or drink to the mouth. |
|
| 16. Chewing or swallowing food or drink. |
|
Annotations
Textual amendments
- F1
Sch. 3 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(2), Sch. 2
- F2
Words in Sch. 3 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 6(a) (with reg. 2)
- F3
Sch. 3 para. 5 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(34)(a)
- F4
Words in Sch. 3 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 6(b) (with reg. 2)
- F5
Words in Sch. 3 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 6(c) (with reg. 2)
- F6
Words in Sch. 3 para. 7 inserted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(34)(b)(i)
- F7
Words in Sch. 3 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(34)(b)(ii)
- F8
Words in Sch. 3 substituted (28.1.2013) by The Employment and Support Allowance (Amendment) Regulations 2012 (S.I. 2012/3096), regs. 1(1), 6(d) (with reg. 2)
- F9
Words in Sch. 3 para. 10 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(34)(c)
- F10
Word in Sch. 3 para. 13 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(34)(d)
- F11
Words in Sch. 3 para. 15 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(34)(e)
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
- F6
- F7