wcainfo

Majority of time / always

For variable and fluctuating conditions, the choice of descriptor should reflect the level of activity that can be performed for a reasonable, continuous period within a day or for the majority of days over a longer period. Concepts of repeatedly, reliably and safely should also be taken into account, together with the effects of pain. Where a descriptor refers to 'always' this does not mean 'at all times', and so intermittent disablement may still lead to a decision that a descriptor is satisfied 'always'.


Legislation

Regulations set out how the 'majority of the time' provision applies to limited capability for work-related activity descriptiors -

A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.

Sources:

  • Regulation 34(2) of 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).
  • Regulation 30(2) of the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) (applies to contributory ESA in a universal credit full service area).
  • Regulation 40 of the Universal Credit Regulations 2013 (SI.No.376/2013) (applies to universal credit).

Case law

Commentary: ​Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.