Regulation 35 of the Employment and Support Allowance Regulations states the following categories of people as being automatically treated as having limited capability for work related activity. This is listed below:-
.—(1) A claimant is to be treated as having limited capability for work-related activity if—
(a) the claimant is terminally ill; (b) the claimant is— (i) receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or (ii) recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or (c) 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. (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.
Being in a care home isnt listed here but you client might still be deemd to have limited capability for work related activity if she meets any of the limited capability for work related activity descriptors or the exceptional circumstances criteria.
|