Activity 9: Evacuation of the bowel and/or bladder (LCW)
Activity 9 is defined in regulations as -
Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.
Activity 9 considers the ability to maintain continence of bladder or bowel, or prevent leakage from a collecting device. The descriptors take into account loss of continence while a claimant is awake/conscious and the loss of continence must lead to 'extensive' leakage of urine or faeces which is likely to require the person to have to wash and change clothing.
The descriptors that relate to Activity 9 are -
- At least once a month experiences: (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device, sufficient to require cleaning and a change in clothing. 15 points
- The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. 6 points
- Neither of the above applies. 0 points
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) (applies to income-related and contributory ESA in a universal credit live service area).
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) (applies to contributory ESA in a universal credit full service area).
- Part 1 of Schedule 6 to the Universal Credit Regulations 2013 (SI.No.376/2013) (applies to universal credit).
See also section 3.2.10 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
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Using stairs ‘unaided by another person’ meant without active physical or psychological support in cases before January 2013
-  UKUT 93 (AAC)
- Breathing problems
- Evacuation of the bowel and/or bladder (LCW)
- Foot and leg problems
- Mobilising (LCW)
Assessment of whether claimant is unable to reach toilet quickly is a notional test / need to assess whether claimant is in severe discomfort when mobilising
- [2015 ] UKUT 370 (AAC)
Whether mobility problems affecting ability to reach a toilet quickly can be taken into account / need to properly explore a person’s ability to ‘repeatedly mobilise’
-  UKUT 151 (AAC)
Incontinence descriptor in schedule 3 ESA Regulations wrongly formatted in ‘Sweet and Maxwell’ and DWP tribunal submission
-  UKUT 84 (AAC)
- Bucket is not a continence aid / continence points cannot be scored for mobility problems alone
-  UKUT 285 (AAC)
- Double test of mobilising and mobilising repeatedly / level of ‘risk’ of incontinence
-  UKUT 126 (AAC)
- Mobility problems affecting ability to reach a toilet quickly / meaning of ‘change in clothing’
-  UKUT 34 (AAC)
- Continence descriptor and use of aids
-  UKUT 352 (AAC)
- Approach to descriptor 10(a) - incontinence of the bladder
-  UKUT 82 (AAC)