Select Committee on Social Security First Report


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 21—23 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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Prepared 2 December 1998