Regulation 31 Certain claimants to be treated as having, or not 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;
in the case of a woman, she is pregnant and 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; or
the claimant is entitled to universal credit and it has previously been determined that the claimant has limited capability for work and work-related activity on the basis of an assessment under Part 5 of the Universal Credit Regulations.
A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 30(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 reason 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.
A claimant is to be treated as not having limited capability for work-related activity where—
it has previously been determined, within the 6 months preceding the date of claim for employment and support allowance, on the basis of an assessment under Part 5 of the Universal Credit Regulations, that the claimant does not have limited capability for work and work-related activity; and
it appears to the Department that—
the determination was not based on ignorance of, or mistake as to, a material fact, and
there has been no relevant change of circumstances in relation to the claimant’s physical or mental condition.