Activity 17: Appropriateness of behaviour
Activity 17 is defined in regulations as -
Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Activity 17 assesses the ability of a person to control their behaviour in an average workplace setting. A descriptor may be satisfied where there are difficulties with social behaviour which are the effects of episodic relapsing conditions such as psychotic illness, as well as conditions such as autism which may result in consistently abnormal behaviour
Descriptors
The descriptors that relate to Activity 17 are -
- Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15 points
- Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15 points
- Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 9 points
- None of the above applies. 0 points
Sources:
- Part 2 of Schedule 2 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) and Part 2 of Schedule 2 to SR.No.280/2008 in Northern Ireland (apply to income-related and old-style contributory ESA).
- Part 2 of Schedule 2 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) and Part 2 of Schedule 2 to SR.No.219/2016 in Northern Ireland (apply to new-style contributory ESA).
- Part 2 of Schedule 6 to the Universal Credit Regulations 2013 (SI.No.376/2013) and Part 2 of Schedule 6 to SR.No.216/2016 in Northern Ireland (apply to universal credit).
See also section 3.5.8 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
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Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others
- [2021] UKUT 90 (AAC)
- CE/685/2020
- MH v Secretary of State for Work and Pensions (ESA)
- Whether verbal aggression is sufficient to satisfy activity 17
- [2014] UKUT 363 (AAC)
- CE/1021/2014
- WC v Secretary of State for Work and Pensions (ESA)
- Consumption of alcohol does not, in itself, amount to disinhibition
- [2014] UKUT 188 (AAC)
- Reported as [2014] AACR 38
- CSE/859/2013
- DR v Secretary of State for Work and Pensions
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‘Majority of time’ provision in regulation 34 of the ESA Regulations does not apply if inconsistent with wording of a descriptor / ‘on a daily basis’ in descriptor 14 of schedule 3 does not mean ‘every day’
- [2013] UKUT 556 (AAC)
- CE/3808/2012
- WT v Secretary of State for Work and Pensions (ESA)
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Tribunal failed to properly consider evidence and give reasons relating to ESA mental health descriptor 17(c)
- [2013] UKUT 370 (AAC)
- CE/591/2013
- KE v Secretary of State for Work and Pensions (ESA)