Activity 8: Evacuation of the bowel and/or bladder
Activity 8 is defined in regulations as -
Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.
Activity 8 considers the ability to maintain continence of bladder or bowel, or prevent leakage from a collecting device. The descriptors take into account loss of continence while a claimant is awake/conscious and the loss of continence must lead to 'extensive' leakage of urine or faeces which is likely to require the person to have to wash and change clothing.
Note: in Autumn 2023, the Conservative Government launched a consultation on reform of the work capability assessment including proposals to either remove the LCWRA continence activity or amend the descriptor so that claimants are required to experience symptoms ‘daily’ rather than ‘weekly’. However, in its November 2023 response to the consultation, the government confirmed that it will not make any changes to the LCWRA continence activity or descriptors.
Descriptor
The descriptor relating to Activity 8 is -
At least once a week experiences: (a) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (b) substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing.
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 2.3.1.8 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
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Whether loss of control of bowel and/or bladder during seizure can ever amount to loss of control ‘whilst conscious’
- [2019] UKUT 39 (AAC)
- CE/2227/2018
- CL v Secretary of State for Work and Pensions (ESA)
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Relevance of distinction between urgency and incontinence when assessing absence or loss of control of the bowel and/or bladder
- [2017] UKUT 397 (AAC)
- CE/3637/2016
- NL v Secretary of State for Work and Pensions (ESA)