{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-3",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-3.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": "schedule/3",
  "kind": "schedule",
  "number": "3",
  "heading": "ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY",
  "text": "Activity\nDescriptors\n1. Mobilising 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.\nCannot either:\n(a)mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or\n(b)repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.\n2. Transferring from one seated position to another.\nCannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.\n3. Reaching.\nCannot raise either arm as if to put something in the top pocket of a coat or jacket.\n4. 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).\nCannot pick up and move a 0.5 litre carton full of liquid.\n5. Manual dexterity.\nCannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.\n6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.\nCannot convey a simple message, such as the presence of a hazard.\n7.Understanding communication by:\n(i)verbal means (such as hearing or lip reading) alone,\n(ii)non-verbal means (such as reading 16 point print or Braille) alone, or\n(iii)a combination of (i) and (ii),\nusing any aid that is normally, or could reasonably be, used, unaided by another person.\nCannot understand a simple message, such as the location of a fire escape, due to sensory impairment....\n8. Absence 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.\nAt least once a week experiences:\n(a)loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or\n(b)substantial leakage of the contents of a collecting device\nsufficient to require the individual to clean themselves and change clothing.\n9. Learning tasks.\nCannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.\n10. Awareness of hazard.\nReduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of:\n(a)injury to self or others; or\n(b)damage to property or possessions\nsuch that the claimant requires supervision for the majority of the time to maintain safety.\n11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).\nCannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.\n12. Coping with change.\nCannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.\n13. Coping with social engagement, due to cognitive impairment or mental disorder.\nEngagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.\n14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.\nHas, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.\n15. Conveying food or drink to the mouth.\n(a)Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;\n(b)Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping or experiencing breathlessness or severe discomfort;\n(c)Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or\n(d)Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving:\n(i)physical assistance from someone else; or\n(ii)regular prompting given by someone else in the claimant’s presence.\n16. Chewing or swallowing food or drink.\n(a)Cannot chew or swallow food or drink;\n(b)Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;\n(c)Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or\n(d)Owing to a severe disorder of mood or behaviour, fails to:\n(i)chew or swallow food or drink; or\n(ii)chew or swallow food or drink without regular prompting given by someone else in the claimant’s presence.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/schedule/3",
    "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."
}