Activity 10: Consciousness during waking moments
Activity 10 is defined in regulations as -
Consciousness during waking moments.
Activity 10 assesses any involuntary loss or alteration of consciousness resulting in significantly disrupted awareness or concentration occurring during normal waking hours and which prevents the claimant from safely continuing with any activity. Altered consciousness may include where a claimant has clouding of mental faculties resulting in loss of control of thoughts and actions although they will not be fully unconscious.
Descriptors
The descriptors that relate to Activity 10 are -
- At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 15 points
- At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 6 points
- Neither of the above applies. 0 points
Sources:
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) and Part 1 of Schedule 2 to SR.No.280/2008 in Northern Ireland (apply to income-related and old-style contributory ESA).
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) and Part 1 of Schedule 2 to SR.No.219/2016 in Northern Ireland (apply to new-style contributory ESA).
- Part 1 of Schedule 6 to the Universal Credit Regulations 2013 (SI.No.376/2013) and Part 1 of Schedule 6 to SR.No.216/2016 in Northern Ireland (apply to universal credit).
See also section 3.2.11 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
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- Falling asleep does not amount to ‘lost or altered consciousness’
- [2016] UKUT 378 (AAC)
- CSE/138/2016
- SY v Secretary of State for Work and Pensions (CSE)
- Application of activity 10 - ‘consciousness during waking moments’
- [2015] UKUT 287 (AAC)
- CE/3933/2014
- CB v Secretary of State for Work and Pensions (ESA)
-
Wrong inferences by tribunal about GP’s evidence; panic attacks can result in altered consciousness; whether wheelchair can be reasonably used to mobilise is more than a purely functional test
- [2013] UKUT 504 (AAC)
- CE/869/2013
- BG v Secretary of State for Work and Pensions (ESA)
- Effects of medication (including drowsiness)
- [2013] UKUT 496 (AAC)
- CE/578/2013
- JG v Secretary of State for Work and Pensions (ESA)
-
Sleep apnoea does not attract points under the consciousness descriptors of the work capability assessment
- [2012] UKUT 151 (AAC)
- CE/1548/2011
- AB v Secretary of State for Work and Pensions
- Activity 11 - remaining conscious / whether R(IB) 2/07 applicable to ESA regime
- [2011] UKUT 158 (AAC)
- [2012] AACR 2
- CE/497/2010
- BB v Secretary of State for Work and Pensions
- Assessment of a physical or mental ‘disease or disablement’ arising from alcohol dependency
- [2010] UKUT 301 (AAC)
- CE/903/2010
- RA v Secretary of State for Work and Pensions