Section 80 — Welfare Reform Act 2012: Ability to carry out daily living activities or mobility activities

Ability to carry out daily living activities or mobility activities 80 1 For the purposes of this Part, the following questions are to be determined in accordance with regulations—

a whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;

b whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;

c whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;

d whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.

2 Regulations must make provision for determining, for the purposes of each of sections 78(1) and (2) and 79(1) and (2), whether a person meets “the required period condition” (see further section 81).

3 Regulations under this section—

a must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;

b must provide for the way in which an assessment is to be carried out;

c may make provision about matters which are, or are not, to be taken into account in assessing a person.

4 The regulations may, in particular, make provision—

a about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);

b about the way in which that information or evidence is to be provided;

c requiring a person to participate in such a consultation, with a person approved by the Secretary of State, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).

5 The regulations may include provision—

a for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);

b about what does or does not constitute a good reason for such a failure;

c about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.

6 In subsection (5)(a) a “ negative determination ” means a determination that a person does not meet the requirements of—

a section 78(1)(a) and (b) or (2)(a) and (b) (daily living component);

b section 79(1)(a) to (c) or (2)(a) to (c) (mobility component).