Activity 16: Chewing or swallowing food or drink

Activity 16 is defined in regulations as -

Chewing or swallowing food or drink.

Activity 16 assesses the effect of physical or mental disability on a person's ability to chew or swallow food or drink. Conditions that might apply include disorders of the head and neck perhaps as a result of extensive surgery for head and neck cancer resulting in significant disruption of normal anatomy, disorders of the gastrointestinal tract resulting in motility problems, or severe disorders of mood resulting in a person being unable to effectively maintain nutrition.

Descriptors

The descriptors relating to Activity 16 are -

1. Cannot chew or swallow food or drink;
2. Cannot chew or swallow food or drink without repeatedly stopping or experiencing breathlessness or severe discomfort; 
3. Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant's presence; or  
4. Owing to a severe disorder of mood or behaviour, fails to: (i) chew or swallow food or drink; or (ii) chew or swallow food or drink without regular prompting given by someone else in the claimant's presence. 

Sources:

• Schedule 3 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) and Schedule 3 to SR.No.280/2008 in Northern Ireland (apply to income-related and old-style contributory ESA).
• Schedule 3 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) and Schedule 3 to SR.No.219/2016 in Northern Ireland (apply to new-style contributory ESA).
• Schedule 7 to the Universal Credit Regulations 2013 (SI.No.376/2013) and Schedule 7 to SR.No.216/2016 in Northern Ireland (apply to universal credit).

See also section 2.3.1.9 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.

Case law

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• Use of teeth to chew or swallow food
  • [2015] UKUT 615 (AAC)
  • CE/2156/2015
  • IC v Secretary of State for Work and Pensions (ESA)
  • Aids and appliances
  • Chewing or swallowing food or drink

  Read the rightsnet summary

• ‘Cannot chew or swallow food or drink’ in ESA descriptors means ‘cannot either chew and swallow food or swallow drink’
  • [2015] UKUT 304 (AAC)
  • Reported as [2016] AACR 1
  • CE/5261/2014
  • WC v Secretary of State for Work and Pensions (ESA)
  • Chewing or swallowing food or drink

  Read the rightsnet summary