Regulation 40A Severe conditions criteria claimantF1

(1)

A claimant is a “severe conditions criteria claimant” if it has been determined that the claimant is a severe conditions criteria claimant on the basis of an assessment under this Part.

(2)

A claimant is a severe conditions criteria claimant on the basis of an assessment under this Part if—

(a)

the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part (see regulation 40(2)), and

(b)

at least one of the descriptors set out in Schedule 7 constantly applies to the claimant and will do so for the rest of the claimant’s life.

(3)

In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises—

(a)

in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b), from a specific bodily disease or disablement—

(i)

that the claimant will have for the rest of their life, and

(ii)

that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services, or

(b)

in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d), from a specific mental illness or disablement—

(i)

that the claimant will have for the rest of their life, and

(ii)

that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services.

(4)

A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.

(5)

In this regulation “NHS services” means—

(a)

health care services provided for the purposes of the health service continued under—

(i)

section 1 (1) of the National Health Service Act 2006;

(ii)

section 1 (1) of the National Health Service (Wales) Act 2006;

(iii)

section 1 (1) of the National Health Service (Scotland) Act 1978;

(b)

health and social care within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009 provided for the purposes of the system promoted under section 2 (1) of that Act.

Annotations

Textual amendments

F1: Reg. 40A inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 6