Physical or mental condition
An inability to perform physical activities must arise from a disease or bodily disablement, and an inability to perform mental, cognitive or intellectual functions must result from a mental illness or disablement.
Legislation
The rules for how physical or mental disablement are treated for each activity are in the Employment and Support Allowance Regulations 2008, the Employment and Support Allowance Regulations 2013 and the Universal Credit Regulations 2013 (and the equivalent regulations in Northern Ireland).
When determining limited capability for work, regulation 19(5) of the 2008 ESA Regulations, regulation 15(5) of the 2013 ESA Regulations and, for universal credit, regulation 39(4) of the 2013 UC Regulations, provide -
In assessing the extent of a claimant's capability to perform any activity listed in [the relevant schedule], it is a condition that the claimant's incapability to perform the activity arises - (a) in respect of any descriptor listed in [the schedule or part schedule relating to physical disabilities], from a specific bodily disease or disablement; (b) in respect of any descriptor listed in [the schedule or part of schedule relating to mental, cognitive and intellectual function] from a specific mental illness or disablement …
When determining limited capability for work-related activity, regulation 34(6) of the 2008 ESA Regulations, regulation 30(6) of the 2013 ESA Regulations, and regulation 40(3) of the 2013 UC Regulations, provide -
In assessing the extent of a claimant's capability to perform any activity listed in [the relevant schedule], 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) - (i) from a specific bodily disease or disablement; or … (b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d) - (i) from a specific mental illness or disablement …
Sources:
- Regulation 19(5) and regulation 34(6) of the Employment and Support Allowance Regulations 2008 (SI.No.794/2008), and regulation 19(5) and regulation 34(6) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (SR.No.280/2008) (apply to income-related and old-style contributory ESA).
- Regulation 15(5) and regulation 30(6) of the Employment and Support Allowance Regulations 2013 (SI.No.379/2013), and regulation 15(5) and regulation 30(6) of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (SR.No.219/2016) (apply to new-style contributory ESA).
- Regulation 39 and regulation 40 of the Universal Credit Regulations 2013 (SI.No.376/2013), and regulation 40 and regulation 41 of the Universal Credit Regulations 2016 (SR.No.216/2016) (apply to universal credit).
Case law
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Mental health descriptors can apply where mental, cognitive or intellectual disablement may be physical in origin
- [2016] UKUT 401 (AAC)
- CE/3475/2015
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Factors to consider in deciding whether drug dependency is a ‘specific disease or bodily or mental disablement’
- [2016] UKUT 100 (AAC)
- CE/1402/2015
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Specific mental illness or disability need only be ‘effective’ cause of inability to perform activity, and need not be the root or primary cause
- [2015] UKUT 646 (AAC)
- CE/1703/2015
- Consumption of alcohol does not, in itself, amount to disinhibition
- [2014] UKUT 188 (AAC)
- Reported as [2014] AACR 38
- CSE/859/2013
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Alcohol dependence and points for physical and mental disablement under WCA in cases before January 2013
- [2013] UKUT 37 (AAC)
- Reported as [2013] AACR 23
- CSE/496/2012