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Physical or mental condition

An inability to perform physical activities must arise from a disease or bodily disablement, and an inability to perform mental, cognitive or intellectual functions must result from a mental illness or disablement.

Legislation

The rules for how physical or mental disablement are treated for each activity are in the Employment and Support Allowance Regulations 2008, the Employment and Support Allowance Regulations 2013 and the Universal Credit Regulations 2013 (and the equivalent regulations in Northern Ireland).

When determining limited capability for work, regulation 19(5) of the 2008 ESA Regulations, regulation 15(5) of the 2013 ESA Regulations and, for universal credit, regulation 39(4) of the 2013 UC Regulations, provide -

In assessing the extent of a claimant's capability to perform any activity listed in [the relevant schedule], it is a condition that the claimant's incapability to perform the activity arises - (a) in respect of any descriptor listed in [the schedule or part schedule relating to physical disabilities], from a specific bodily disease or disablement; (b) in respect of any descriptor listed in [the schedule or part of schedule relating to mental, cognitive and intellectual function] from a specific mental illness or disablement …

When determining limited capability for work-related activity, regulation 34(6) of the 2008 ESA Regulations, regulation 30(6) of the 2013 ESA Regulations, and regulation 40(3) of the 2013 UC Regulations, provide -

In assessing the extent of a claimant's capability to perform any activity listed in [the relevant schedule], it is a condition that the claimant's incapability to perform the activity arises - (a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b) - (i) from a specific bodily disease or disablement; or … (b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d) - (i) from a specific mental illness or disablement …

Sources:

Case law

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