Regulation 4 Assessment of ability to carry out activitiesI1

(1)

For the purposes of section 77(2) and section 78 or 79, as the case may be, of the Act, whether C has limited or severely limited ability to carry out daily living or mobility activities, as a result of C's physical or mental condition, is to be determined on the basis of an assessment.

(2)

C's ability to carry out an activity is to be assessed –

(a)

on the basis of C's ability whilst wearing or using any aid or appliance which C normally wears or uses; or

(b)

as if C were wearing or using any aid or appliance which C could reasonably be expected to wear or use.

F1(2A)

Where C’s ability to carry out an activity is assessed, C is to be assessed as satisfying a descriptor only if C can do so—

(a)

safely;

(b)

to an acceptable standard;

(c)

repeatedly; and

(d)

within a reasonable time period.

(3)

Where C has been assessed as having severely limited ability to carry out activities, C is not to be treated as also having limited ability in relation to the same activities.

F2(4)

In this regulation—

(a)

“safely” means in a manner unlikely to cause harm to C or to another person, either during or after completion of the activity;

(b)

“repeatedly” means as often as the activity being assessed is reasonably required to be completed; and

(c)

“reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.

Annotations

Textual amendments

F1: Reg. 4(2A) inserted (8.4.2013) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (S.I. 2013/455), regs. 1, 2(a)
F2: Reg. 4(4) inserted (8.4.2013) by The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (S.I. 2013/455), regs. 1, 2(b)

Commencement

I1: Reg. 4 coming into force in accordance with reg. 1(2) and S.I. 2013/358

Notes on the whole SI

Textual amendments

F1: 2012 c.5.
F2: See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.