Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Partial Capacity Benefit) Regulations 2012.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Partial Capacity Benefit) Regulations 2012.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012.
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paragraphs: In these Regulations “Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).
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paragraphs: These Regulations come into force on 13 February 2012.
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paragraphs: Part 2 of the Principal Regulations is amended by inserting the following Chapter after Chapter 1:
“CHAPTER 1A
Partial Capacity Benefit
Conditions for which person assessed as having a profound restriction on capacity for work.
28A. For the purposes of Chapter 8A of Part 2 of the Principal Act, a claimant shall be regarded as having a profound restriction on his or her capacity for work where, in the opinion of a medical assessor, having taken into account any or all of the following—
(a) medical evidence furnished by a registered medical practitioner;
(b) the claimant’s own assessment of his or her capacity for work;
(c) evidence-based medical protocols developed in accordance with a core set of functional classifications contained in the International Classification of Functioning, as formulated by the World Health Organisation; and
(d) any other relevant material evidence,
the claimant is considered to have a residual capacity for work which is not more than a quarter of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.
Conditions for which person assessed as having a mild restriction on capacity for work.
28B. For the purposes of Chapter 8A of Part 2 of the Principal Act, a claimant shall be regarded as having a mild restriction on his or her capacity for work where, in the opinion of a medical assessor, having taken into account any or all of the following—
(a) medical evidence furnished by a registered medical practitioner;
(b) the claimant’s own assessment of his or her capacity for work;
(c) evidence-based medical protocols developed in accordance with a core set of functional classifications contained in the International Classification of Functioning, as formulated by the World Health Organisation; and
(d) any other relevant material evidence,
the claimant is considered to have a capacity for work which is not materially different to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.
Reduced rates of partial capacity benefit.
28C. (1) Where a claimant would be entitled to partial capacity benefit but for the fact that he or she does not satisfy the requirement in section 46A(1)(b) that he or she is assessed by a medical assessor as having a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, he or she shall be entitled to partial capacity benefit where he or she is assessed by a medical assessor as having—
(a) a severe restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, or
(b) a moderate restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.
(2) For the purposes of this article, a claimant shall be regarded as having a severe restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work where, in the opinion of a medical assessor, having taken into account any or all of the following—
(a) medical evidence furnished by a registered medical practitioner;
(b) the claimant’s own assessment of his or her capacity for work;
(c) evidence-based medical protocols developed in accordance with a core set of functional classifications contained in the International Classification of Functioning, as formulated by the World Health Organisation; and
(d) any other relevant material evidence,
the claimant is considered to have a residual capacity for work which is not more than a half of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work and where that restriction is not considered to be a profound restriction on his or her capacity for work.
(3) For the purposes of this article, a claimant shall be regarded as having a moderate restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work where, in the opinion of a medical assessor, having taken into account any or all of the following—
(a) medical evidence furnished by a registered medical practitioner;
(b) the claimant’s own assessment of his or her capacity for work;
(c) evidence-based medical protocols developed in accordance with a core set of functional classifications contained in the International Classification of Functioning, as formulated by the World Health Organisation; and
(d) any other relevant material evidence,
the claimant is considered to have a residual capacity for work which is not more than four fifths of the norm in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work and where that restriction is not considered to be a profound or a severe restriction on his or her capacity for work.