 |
access key options 
skip navigation what's new home site map search
disability benefits consortium home page
about us | benefits | contact us | frequently asked questions | links | make a donation | membership | publications | tax credits | what we do | what you can claim
Howker v. Secretary of State for Social SecurityIn this court of appeal decision it was found that amendments to regulation 27 of Social Security (Incapacity for Work) (General) Regulations 1995, as made by SI 1996/3207, were"ultra vires" (beyond ones powers of authority and therefore unlawful). As a result part of the regulation has now reverted to the old unamended regulation 27. This took effect from 8th November 2002.
Regulation 27 acts as a safeguard for people with certain conditions who cannot score enough points to pass the incapacity benefit personal capability assessment test. It is used to see if there are exceptional circumstances which allow someone to be treated as incapable of work when they fail all other aspects of the test.
There were other amendments made at the same time as those made to regulation 27. Following the Howker decision commissioner's decision R(IB)3/04 questioned the lawfulness of those amendments that were not "neutral" in effect. As a result several amended activities/descriptors have been declared unlawful in subsequent commissioner's decisions.
Key decisions which have caused a reversion in the rules are CIB/1239/2004 and CIB/3397/2004 which have amended the sitting test .
C13/03-04(IB)(T), a decision by a tribunal of commissioners, held that a tribunal was wrong to apply changes made in Great Britain (England, Scotland and Wales) to Northern Ireland (NI) which has its own jurisdiction.
Regulation 27 was subsequently amended by The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 2005 - SR 2005/15. The amendment is that of the original unamended decision, unlike the current regulation that applies in Great Britain.
You can read the full decision, a summary of the main points and the various regulation 27s in operation in the United Kingdom (UK) by clicking on the links below.
