ANNEX 1
QUALIFYING FOR DISABILITY WORKING ALLOWANCE
THROUGH THE DISABILITY TEST
To qualify a disabled person must have "a
physical or mental disability which puts [them] at a disadvantage
in getting a job". The list below is taken from Schedule
1 to the DWA (General) Regulations. At initial claim stage, a
person will pass the disability test if any one (or more) of the
paragraphs in parts 1, 2 or 3 apply. On a renewal claim, they
pass the test if any one of the paragraphs in parts 1 or 2 apply.
Part 1
1. When standing he cannot keep his balance
unless he continually holds onto something.
2. Using any crutches, walking frame, walking
stick, prosthesis or similar walking aid which he habitually uses,
he cannot walk a continuous distance of 100 metres along level
ground without stopping or without suffering severe pain.
3. He can use neither of his hands behind his
back as in the process of putting on a jacket or of tucking a
shirt into trousers.
4. He can extend neither of his arms in front
of him so as to shake hands with another person without difficulty.
5. He can put neither of his hands up to his
head without difficulty so as to put on a hat.
6. Due to lack of manual dexterity he cannot
with one hand, pick up a coin which is not more than 2.5 cm in
diameter.
7. He is not able to use his hands or arms to
pick up a full jug of 1 litre capacity and pour from it into a
cup, without difficulty.
8. He can turn neither of his hands sideways
through 180 degrees.
9. He is registered as blind or partially sighted.
10. He cannot see to read 16 point print at
a distance greater than 20 centimetres, if appropriate, wearing
the glasses he normally uses.
11. He cannot hear a telephone ring when he
is in the same room as the telephone, if appropriate, using a
hearing aid he normally uses.
12. In a quiet room he has difficulty hearing
what someone talking in a loud voice at a distance of 2 metres
says, if appropriate, using a hearing aid he normally uses.
13. People who know him well have difficulty
in understanding what he says.
14. When a person he knows well speaks to him,
he has difficulty in understanding what that person says.
15. At least once a year during waking hours
he has a coma or fit in which he loses consciousness.
16. He has a mental illness for which he receives
regular treatment under the supervision of a medically qualified
person.
17. Due to mental disability he is often confused
or forgetful.
18. He cannot do the simplest addition and subtraction.
19. Due to mental disability he strikes people
or damages property or is unable to form normal social relationships.
20. He cannot normally sustain an eight hour
working day or a five day working week due to a medical condition
or intermittent or continuous severe pain.
Part 2
21. Subject to paragraph 24, there is payable
to him:
(a) the highest or middle rate of the care
component of disability living allowance;
(b) the higher rate of the mobility component
of disability living allowance;
(c) an attendance allowance under section
64 of the Social Security Contributions and Benefits Act;
(d) disablement benefit where the extent
of the disablement is assessed at not less than 80 per cent, in
accordance with section 103 of and Schedule 6 to the Social Security
Contributions and Benefits Act;
(e) a war pension in respect of which the
degree of disablement is certified at not less than 80 per cent;
for the purposes of this sub-paragraph `war pension' means a war
pension in accordance with section 25(4) of the Social Security
Act 1989;
(f) mobility supplement; or
(g) a benefit corresponding to a benefit
mentioned in sub-paragraphs (a)-(f), under any enactment having
effect in Northern Ireland.
22. Subject to paragraph 24, for one or more
of the 56 days immediately preceding the date when the initial
claim for disability working allowance was made or treated as
made, there was payable to him severe disablement allowance (or
corresponding benefit in Northern Ireland).
23. Subject to paragraph 24, he has an invalid
carriage or other vehicle provided by the Secretary of State under
section 5(2)(a) of the National Health Service Act 1977 and Schedule
2 to that Act or under section 46 of the National Health Service
(Scotland) Act 1978 or provided under Article 30(1) of the Health
and Personal Social Services (Northern Ireland) Order 1972.
24. Paragraphs 2123 are subject to the
condition that no evidence is before the Adjudication Officer
which gives them reasonable grounds for believing that in respect
of an initial claim, none of the paragraphs in Part I or Part
III of this Schedule apply to the claimant and in respect of a
repeat claim, none of the paragraphs in Part I apply to the claimant.
Part 3
25. As a result of an illness or accident he
is undergoing a period of habilitation or rehabilitation
May 1998
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