Employment and Support Allowance (Limited Capability For Work And Limited Capability For Work-Related Activity) Amendment Regulations 2011
10 February 2011
Background
The Social Security Advisory Committee (SSAC) was asked by the Secretary of State for Work and Pensions to consider proposals for The Employment and Support Allowance (Limited Capability For Work And Limited Capability For Work-Related Activity) Amendment Regulations 2011.
These regulations will make changes to the work capability assessment from 28 March 2010.
Regulation 3 amends the provisions about which claimants may be treated as having limited capability for work without the need for a face to face assessment, specifically:
People likely to receive certain types of chemotherapy within the next 6 months (the regulations also clarify that these people will also be treated as having limited capability for work-related activity);
People with severe difficulties eating and drinking or chewing and swallowing; and
People attending residential rehabilitation for treatment of drug or alcohol addiction.
Regulation 4 substitutes new sets of activities and descriptors for those in Schedules 2 and 3 of the Employment and Support Allowance Regulations 2008. These will be used to determine whether a person has Limited Capability for Work and Limited Capability for Work Related Activity.
For the Limited Capability for Work it makes changes to the following activities:
Walking (now called mobilising and includes wheelchair use).
Standing and sitting.
Bending or kneeling (Removed altogether).
Reaching.
Picking up and moving things.
Manual dexterity (now refers to button pressing and page turning rather than sink taps).
Speech (now refers to conveying a message by any means, not just speech).
Hearing (now refers to understanding communication by verbal or non verbal means).
Vision (now refers to navigating and maintaining safety).
Continence (amalgamation of activities 10(a, b and c) into a single activity.
Remaining conscious.
Learning or comprehension in the completion of tasks.
Awareness of hazard.
Memory and concentration (now part of new activity - initiating and completing personal action).
Execution of tasks (now part of new activity - initiating and completing personal action).
Initiating and sustaining personal action (now part of new activity - initiating and completing personal action).
Coping with change.
Getting about.
Coping with social situations (now coping with social engagement due to cognitive impairment or mental disorder.
Propriety of behaviour with other people (now the appropriateness of behaviour with other people due to cognitive impairment or mental disorder - descriptors linked to workplace situations).
Dealing with other people (now amalgamated into the coping with social engagement and appropriateness of behaviour activities).
For the Limited Capability for Work Related Activity it changes the number of activities from 11 to 16 and makes changes to existing activities.
Closing date for responses
The closing date for responses was 10 September 2010.
DA's response
You can view DA's response to the consultation from the link below.
Note: for pdf files you will need to download
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