All Work Test

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To ask the Secretary of State for Social Security what medical conditions permanently exempt a person in receipt of benefits from the all work test. [82152]

Regulations list a number of medical conditions and other circumstances which will result in a person being treated as incapable of work without the need for an assessment under the All Work Test. The relevant conditions, which are not all expressed in terms of specific diseases or disablements, are set out. Many, but not all, of these conditions will be permanent: If there is a possibility of improvement in an individual case the exemption will be reviewed periodically and in some circumstances it may become appropriate to carry out an All Work Test assessment.Medical conditions qualifying for exemption from the All Work Test (Regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995):

(i) tetraplegia;

(ii) persistent vegative state;

(iii) dementia;

(iv) paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic;

(v) a severe learning disability;

(vi) a severe and progressive neurological or muscle wasting disease;

(vii) an active and progressive form of inflammatory polyarthritis;

(viii) a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;

(ix) dense paralysis of the upper limb, trunk and lower limb on one side of the body;

(x) multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;

(xi) manifestations of severe and progressive immune deficiency states characterised by the occurrence of severe constitutional disease or opportunistic infections or tumour formation;

(xii) a severe mental illness.

In addition, people will be treated as incapable of work if they

are registered blind;

are terminally ill;

have an 80 per cent. disablement assessment;

are receiving the highest rate care component of Disability Living Allowance, or certain allowances payable under the Industrial Injuries and War Pensions schemes for attendance needs.

Volume 330: debated on Wednesday 28 April 1999