 |
|
about da 
advisers benefits coalition on charging contact da disability benefits consortium home links membership policy and campaigns search shop site map support da tax credits what's new
From 8th November 2002 regulation 27 should now read:
27 - (1) A person who does not satisfy the all work test shall be treated as incapable of work if any of the circumstances set out in paragraph (2) apply to him.
(2) The circumstances are that -
(a) he is suffering from a severe life-threatening disease in relation to which-
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
(ii) in the case of a disease which is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
(b) he suffers from a previously undiagnosed potentially life-threatening condition which has been discovered during the course of a medical examination carried out for the purposes of the all work test by a doctor approved by the Secretary of State;
(c) there exists medical evidence that he requires a major surgical operation or other major therapeutic procedure and it is likely that that operation or procedure will be carried out within three months of the date of a medical examination carried out for the purposes of the all work test [personal capability assessment].
As a result of the Howker decision, to this should be added:
" he suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work."
Prior to 8th November 2002 the old regulation applies. This reads as follows:
27 - (1) A person who does not satisfy the all work test shall be treated as incapable of work if any of the circumstances set out in paragraph (2) apply to him.
(2) The circumstances are that -
(a) he is suffering from a severe life-threatening disease in relation to which-
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
(ii) in the case of a disease which is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
(b) he suffers from a previously undiagnosed potentially life-threatening condition which has been discovered during the course of a medical examination carried out for the purposes of the all work test by a doctor approved by the Secretary of State;
(c) there exists medical evidence that he requires a major surgical operation or other major therapeutic procedure and it is likely that that operation or procedure will be carried out within three months of the date of a medical examination carried out for the purposes of the all work test.
From 10th February 2005 regulation 27 reads:
27. A person who is not incapable of work in accordance with the personal capability assessment shall be treated as incapable of work if -
(a) he suffers from a previously undiagnosed potentially life-threatening condition;
(b) he suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work;
(c) he suffers from a severe uncontrolled or uncontrollable disease; or
(d) he will, within three months of the date on which the doctor examines him, have a major surgical operation or other major therapeutic procedure.
Prior to 10th February 2005 the old regulation applies. This reads as follows:
27 - (1) A person who does not satisfy the all work test shall be treated as incapable of work if any of the circumstances set out in paragraph (2) apply to him.
(2) The circumstances are that -
(a) he is suffering from a severe life-threatening disease in relation to which-
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure, and
(ii) in the case of a disease which is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure;
(b) he suffers from a previously undiagnosed potentially life-threatening condition which has been discovered during the course of a medical examination carried out for the purposes of the all work test by a doctor approved by the Secretary of State;
(c) there exists medical evidence that he requires a major surgical operation or other major therapeutic procedure and it is likely that that operation or procedure will be carried out within three months of the date of a medical examination carried out for the purposes of the all work test.
 |
