Regulation 35 Certain claimants to be treated as having limited capability for work-related activityI1
Northern Ireland
A claimant is to be treated as having limited capability for work-related activity if—
the claimant is terminally ill;
the claimant is—
receiving treatment for cancer by way of chemotherapy or radiotherapy,
likely to receive such treatment within 6 months after the date of the determination of capability for work-related activity, or
recovering from such treatment,
and the Department is satisfied that the claimant should be treated as having limited capability for work-related activity; or
in the case of a pregnant woman, 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.
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—
the claimant suffers from some specific disease or bodily or mental disablement; and
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 (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 4(3)