Majority of time / always

For variable and fluctuating conditions, the choice of descriptor should reflect the level of activity that can be performed for a reasonable, continuous period within a day or for the majority of days over a longer period. Concepts of repeatedly, reliably and safely should also be taken into account, together with the effects of pain. Where a descriptor refers to 'always' this does not mean 'at all times', and so intermittent disablement may still lead to a decision that a descriptor is satisfied 'always'.


Regulations set out how the 'majority of the time' provision applies to limited capability for work-related activity descriptiors -

A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.


Case law

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