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Regulation 35 Certain claimants to be treated as having limited capability for work-related activityI1

Northern Ireland

(1)

A claimant is to be treated as having limited capability for work-related activity if—

(a)

the claimant is terminally ill;

F1(b)

the claimant is—

(i)

receiving treatment for cancer by way of chemotherapy or radiotherapy,

(ii)

likely to receive such treatment within 6 months after the date of the determination of capability for work-related activity, or

(iii)

recovering from such treatment,

and the Department is satisfied that the claimant should be treated as having limited capability for work-related activity; or

(c)

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.

(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—

(a)

the claimant suffers from some specific disease or bodily or mental disablement; and

(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.

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)

Commencement

I1

Reg. 35 in operation at 27.10.2008, see reg. 1(1)