Activity 2: Standing and sitting
Activity 2 is defined in regulations as -
Standing and sitting.
Activity 2 assesses the ability to remain in one place - a workstation - by either standing with the freedom to move around, or sitting using an adjustable chair. It also assesses the ability to transfer independently from one seated position to another.
Descriptors
The descriptors that relate to Activity 2 are -
- Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person. 15 points
- Cannot, for the majority of the time, remain at a work station: (i) standing unassisted by another person (even if free to move around) or; (ii) sitting (even in an adjustable chair) or (iii) a combination of (i) and (ii) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. 9 points
- Cannot, for the majority of the time, remain at a work station: (i) standing unassisted by another person (even if free to move around); (ii) sitting (even in an adjustable chair); or (iii) a combination of paragraphs (i) and (ii), for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. 6 points
- None 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 3.2.3 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
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ESA standing and sitting activity must be applied with regard to whether claimant could perform a job of work while remaining at a work station, but without reference to section 10 of the Equality Act (reasonable adjustments)
- [2015] UKUT 664 (AAC)
- CE/2147/2014
- LC v Secretary of State for Work and Pensions (ESA)
- Standing and sitting at work station / need to move away
- [2013] UKUT 244 (AAC)
- CE/3375/2012
- DT v Secretary of State for Work and Pensions (ESA)