Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Partial Capacity Benefit) Regulations 2013.
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. 7) (Partial Capacity Benefit) Regulations 2013.
(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2013 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2013.
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paragraphs: These Regulations come into operation on 9 September 2013.
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paragraphs: Chapter 1A (inserted by article 4 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Partial Capacity Benefit) Regulations 2012 ( S.I. No. 43 of 2012 )) of Part 2 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) is amended—
(a) by substituting the following articles for articles 28A to 28D:
“Conditions for which person assessed as having a profound restriction on capacity for work.
28A.(1) For the purposes of section 46A(1)(b), a person shall be regarded as having a profound restriction on his or her capacity for work where that person has 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.
(2) In assessing whether a person has a profound restriction on his or her capacity for work for the purposes of section 46A(1)(b), a deciding officer shall have regard to any one or more of the following—
(a) the opinion of a medical assessor,
(b) medical evidence furnished by a registered medical practitioner,
(c) the claimant’s own assessment of his or her capacity for work, or
(d) any other relevant material evidence.
Conditions for which person assessed as having a mild restriction on capacity for work.
28B.(1) For the purposes of section 46A(4), a person shall be regarded as having a mild restriction on his or her capacity for work where that person has 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.
(2) In assessing whether a person has a mild restriction on his or her capacity for work for the purposes of section 46A(4), a deciding officer shall have regard to any one or more of the following—
(a) the opinion of a medical assessor,
(b) medical evidence furnished by a registered medical practitioner,
(c) the claimant’s own assessment of his or her capacity for work, or
(d) any other relevant material evidence.
Reduced rates of partial capacity benefit.
28C.(1) Where a person would be entitled to partial capacity benefit but for the fact that he or she does not satisfy the requirement specified in section 46A(1)(b) that he or she has 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 has—
(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 sub-article (1)(a), a person 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 that person—
(a) has 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
(b) has not been assessed as having a profound restriction on his or her capacity for work.
(3) For the purposes of sub-article (1)(b), a person 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 that person—
(a) has 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
(b) has not been assessed as having a profound or a severe restriction on his or her capacity for work.
(4) In assessing whether a person has a severe or moderate restriction on his or her capacity for work for the purposes of this article, a deciding officer shall have regard to any one or more of the following—
(a) the opinion of a medical assessor,
(b) medical evidence furnished by a registered medical practitioner,
(c) the claimant’s own assessment of his or her capacity for work, or
(d) any other relevant material evidence.