1. IntroductionIf you have not used this pack before please go to the introduction first.
Back to digests of commissioner's decisions and case law.
1. Introduction
2. General
3. Physical Disabilities - Activities and Descriptors
3.1 Walking
3.2 Walking up and down stairs
3.3 Sitting
3.4 Standing
3.5 Getting up from a chair (Rising from sitting)
3.6 Bending and kneeling
3.7 Using your hands (Manual dexterity)
3.8 Lifting and carrying by use of the upper body and arms
3.9 Hearing
3.10 Seeing (Vision)
3.11 Continence
3.12 Remaining conscious without having epileptic or similar seizures during waking moments
4. Mental Disablement - Activities and Descriptors
4.1 Completion of tasks
4.1.1 Cannot answer the telephone and reliably take a message
4.1.2 Cannot concentrate to read a magazine article or follow a radio or television programme
4.2 Daily living
4.2.1 Needs alcohol before mid-day
4.2.2 Frequently distressed at some time of day due to fluctuation of mood
4.3 Coping with pressure
4.3.1 Stress was a factor in giving up work
4.3.2 Frequently feels scared or panicky for no obvious reason
4.3.3 Frequently finds there are so many things to do that gives up due to fatigue, apathy or disinterest.
4.4 Interaction with other people
4.4.1 Cannot look after him/herself without help from others?
4.4.2 Gets upset by ordinary events and it results in disruptive behavioural
problems
5. Exceptional Circumstances
6. Exemptions
7. Other
7.1 Aids and Adaptations
7.2 Burden of proof
7.3 Credits only IB
7.4 Dialysis
7.5 Electronic IB85
7.6 Evidence
7.7 IB50
7.8 income support and IB
7.9 Invalidity benefit
transitional cases
7.10 Med 4
7.11 Pain
7.12 Permitted and other work
7.13 Reasonable regularity
7.14 Reciprocal agreements
7.15 Risk
7.16 Work setting
7.17 Youth IB
1. IntroductionThis is a regularly updated digest of summaries of past case law and commissioners decisions related to adjudication issues. You can search this web page in internet explorer by selecting "Find" from the "Edit" menu.
Should you need to get hold of a copy of any of the decisions described in these packs please see our Finding the Law factsheet.
You may also wish to download our other digests of case law available at www.disabilityalliance.org/digest.htm.
arising out of mental disablement
R(IB)2/98 (formerly CIB/14202/1996) restates that you can only score points in the mental disabilities test, if your difficulty results from mental disablement (not mere matters of mood).
CIB/5804/1997 states that there are four questions that may have to be answered by an examining doctor in the application of the mental disabilities section of the pca.
The application of the mental disabilities section of the personal capability assessment essentially involves issues of credibility and consistency. Are the symptoms described by the claimant a reliable account of the effects of the claimant’s mental disablement? As part of that question, the medical adviser and the tribunal have to take account of whether the symptoms described are consistent with the diagnosed mental conditions. See also CIB/3785/2007 and CIB/3063/1999, which restate these questions.
CIB/5435/2002 discusses meaning of bodily disablement - " it refers to the function that is affected rather than to the source of that condition."
change of circumstance
CIB/14516/1996 states that the point at which personal capability assessment first applies constitutes a change of circumstances.
Compulsive behavioural problems
CIB/16365/1996: Compulsive behavioural problems are 'a specific mental disablement'.
correct approach to pca test
CIB/5361/1997*(48/98) states that..
“the only valid way to conduct an assessment of a person's physical disability score in accordance with this mandatory requirement of the regulations must therefore be to work down from the top of each section of the table and stop as soon as one comes to a descriptor that applies to him.”
See also CIB/483/2001* (77/01).
daily test
CSIB/17/1996 states that the personal capability assessment must be satisfied on a day by day basis. See also CSIB/459/1997.
disablement and pca descriptors
CSIB/44/1997 states that in order to satisfy a descriptor the test must be satisfied by reason of some specific disease or bodily or mental disablement.
dizziness
CIB/4828/1999* (63/01) states that physical symptoms, in this case dizziness, arising out of mental illness or disablement may constitute bodily disablement.
everyday living
In CIB/1458719/1996 the ability to perform an activity is not subject to the requirements and pressures of employment. It is decided with reference to the normal needs of everyday living at home.
findings of fact
CIB/15693/1996 states that where mental health is an issue, findings of fact should assess each descriptor.
illiteracy
CSIB/26/1996 states that this does not count towards satisfying any of the mental health descriptors.
migraine
In CIB/3589/2004 the effects of migraine [or any other illness or disablement] may be considered in any relevant activity. See also CIB/13161/1996 and CIB/13508/1996.
CIB/3671/2006 states that, apart from those descriptors which include the wording "sometimes", the effect of migraines should be considered in relation to whether the claimant can perform a descriptor with reasonable regularity. Migraines which arise out of a physical cause should not be considered as part of the mental health test but may be relevant where they arise from mental disablement e.g. as a result of anxiety.
multiple allergies
CIB/4406/2000* (62/01) states that you can satisfy the pca test if the allergies make everyday environments unsuitable unless they are specially adapted.
obesity
CIB/1387/2000 states that obesity is a bodily disablement which may give rise to points in a pca test.
reg 28 IW General Regs - claimant's condition worsens within six months of being found capable of work
CIB/1031/2000* (25/01) states that the date from which a condition has to have worsened is that of the decision maker's decision, not when an appeal tribunal confirmed this decision. If reg 28 does not apply there should not be an automatic refusal - "the claim has to be considered by applying the detailed provisions of on capacity for work".
scoring points across activities
R(IB)3/98 states that regulations do not permit a limitation on a claimant scoring points for both vision and difficulties walking up and down stairs resulting from defective vision.
side effects of medication
C10/00-01(IB)* (15/01) states that the side effects of medication do not constitute mental disablement. There must be some underlying mental impairment. The claimant had no mental health diagnosis and was on diazepam which caused drowsiness and impaired judgement.
" specific" disablement
CS/007/1982 defines “specific” disablement as “the kind known to medical science and identified by appropriate terminology”.
discomfort whilst walking
CM/267/1993 states that a claimant can be in severe discomfort whilst walking.
distance
CIB/3013/1997 states that a tribunal must decide the distance at which severe discomfort begins. Any distance walked with severe discomfort should be ignored.
lack of appearance of discomfort
CM/166/1988 states that just because a claimant does not appear to be in discomfort does not mean that he or she was not. "Pain can be born in stoic silence".
severe discomfort test
R(M)1/81 states that the ability to walk without severe discomfort should be the test. See also the case law concerning the DLA mobility component (virtually unable to walk section - www.disabilityalliance.org/dlalaw.htm#Virtually). Note that CSIB/60/1996 rejects DLA (or earlier) case law stating that it has no direct bearing on incapacity adjudication in relation to definitions of "severe discomfort”.
manner of walking
R(IB)1/99 (CIB/15804/1996) states that the test is satisfied if the claimant is unable to go up or down stairs without needing, at some stage at least, to move one step at a time. Their does not necessarily have to be a problem when going both up and downstairs.
type of stairs
CIB/13161/1996 states that the test assumes stairs of a normal size, width and grip. See also CIB/13508/1996. If combined with sensory activities see R(IB)3/98 – (formerly CSIB/13/1996) Sensory activities are not self-contained, e.g. a claimant can score points under ‘Vision’ activity, and also under ‘Walking up and down stairs’ where walking ability is impaired due to visual disability.
designated type of chair
CIB/5654/1997 reaffirms the rules about the designated type of chair – “the tribunal should ignore any use that the claimant may make of a special cushion.
CSIB/12/1996 asks tribunals to show how their deduction was made when using evidence of sitting in a chair other than a designated chair (which may not only be different but more comfortable than a designated chair). CIB/15663/96 considers that a DSS doctor's observations about someone sitting in a non-designated chair are valid because the doctor is familiar with the test and (presumably) can make allowances in his or her observation but see also CSIB/324/97 para 14 for a counter view.
howker - sitting amendment not ultra vires
CIB/3397/2004, following the Howker decision (see the "Exceptional Circumstances" section) states that the amendment to the "sitting" descriptor was not ultra vires as it only seeks to clarify the law prior to the amendment. This is the decision that the DWP now follows. See also CIB/1205/2005, CSIB/169/2005 and CSIB/148/2005. Note that CIB/1239/2004 declares the amended wording for this descriptor to be ultra vires. You can find out more information about these decisions at www.disabilityalliance.org/ib11.htm.
need to carry out other activities
CSIB/38/1996 states that sitting itself must cause the lack of comfort (not, for example, the fact that the claimant needs to go to the toilet frequently. However, if the act of sitting causes someone to need to go to the toilet it is relevant.
observation by EMP
CIB/15430/1996 confirms that the EMP is allowed to have regard to the claimant's demeanor for the purpose of expressing an opinion on whether the claimant can sit for longer periods - that the claimant could sit for longer than 30 minutes although the actual interview only lasted 20 minutes.
aids
CIB/1244/1997 states that you should consider aids to standing, such as wearing a corset but should also consider whether such an aid can or should be worn all day.
standing still
R(IB)6/04 (CIB/3814/2001) states that the test allows for some movement. The standing activity does not require someone to stand stock still.
crutches
In CIB/614/1998 the use of crutches is not considered to fall under reg 25(2) Incapacity for Work General Regs (use of prosthesis). See CIB/5654/1997 in the “Sitting “ section. The test is the ability to rise to an upright position using arms and shoulders without having to hold onto something so even if it is an aid or appliance such as a crutch it still means that there is a need to hold onto something.
fear of harm
In CI/01-02(IB)(T) * (97/01) a decision of a Northern Ireland tribunal of commissioners the test is not satisfied if the claimant has a genuine fear of doing harm (i.e. falling) to some part of the body which makes him or her unwilling to rise without holding onto something. Must be an actual inability to rise without the need to hold onto something.
holding onto something
R(IB)2/03 (CIB/1664/2002) states that if a claimant can only rise by using a seat this counts as “holding onto something”.
assistance
In CIB/4300/2003 the tribunal failed to consider the assistance required to carry out the activity, namely the use of one hand. Follows CSIB/12/1996 below.
bending
CIB/15262/1996 states that the test is the ability to "bend to touch the knees" not "bend the knees to touch them". It is also a test of touching both knees, not just one.
bending or kneeling
R(IB)3/02 (CIB/7347/1999) states that you cannot satisfy the test if you can reach the floor by bending but not by kneeling or vice versa, even if you cannot do both. Agrees with CIB/3809/97. Bending at the waist to pick up something might satisfy the test. Formerly CIB/898/1997 took the opposite view.
discomfort
In CIB/14587/1996 the claimant could bend and kneel but suffered neck and back pain when doing so. Tribunal has to consider discomfort and reasonable frequency.
howker - bending and kneeling amendment not ultra vires
In CSIB/169/2005, following the arguments outlined in his own decision (CSIB/148/2005) Commissioner May declares the amended wording for activity 6 (bending and kneeling) not to be ultra vires in the light of the Howker decision.
risk
CSIB/12/1996 sates that if there is a real risk associated with these activities then it may be legitimate to say that they are unable to bend for the purpose of the descriptor. If assistance is required to carry out the activity then the claimant should score 15.
squatting
In R(IB)2/02 (CIB/228/1999) squatting, which is considered to consist of bending of the knee only, is classified as fitting the bending and kneeling descriptor.
cannot use a pen and pencil
In CIB/13161/1996 and CIB/13508/1996 this means physically unable to use a pen or pencil to write in a normal manner.
howker - manual dexterity amendment not ultra vires
CIB/3649/2004 states that changes made to activity 7 (manual dexterity) were clarifications and not ultra vires.
one handed or ambidextrous
R(IB)1/98 (CIB/16237/1996) states that if a person is right-handed (for example) and has lost the use of that hand for writing, they will score 15 points, unless they have developed a compensating skill with their left hand to a reasonable standard. A person who is ambidextrous will not satisfy the pca test so long as they have sufficient use of one hand.
tying a bow in laces or string
CIB/1690/2007 states that the ability to tie a bow in laces or string involves the use of the wrist.
writing
CIB/1446/1997 states that writing must be considered in the light of reasonable regularity. In this case, the claimant had to rest for an hour after writing for ten minutes. It is relevant to consider the use of a pen or pencil for normal daily activities e.g. making a shopping list, signing for a registered letter, writing greetings cards, cheques or occasional business letters. CIB/16963/1996* states that writing involves more than the ability to scrawl a few words. The claimant must be able to attain a certain standard, write clearly and at a reasonable speed. The writing must be of a reasonable length, sufficient for normal everyday purposes. See also R(IB)1/98.
breathlessness
CIB/2916/2004 states that breathlessness is a factor in lifting and carrying.
frequency
CIB/15430/1996 says that the test for this activity says nothing about frequency. Need to consider reasonable regularity (see reasonable regularity section).
gripping
CIB/14308/1996 states that lifting and carrying involves power grip. In this case, the claimant could carry a carton of milk if it was placed in a carrier bag but not on its own. The test was whether the actual milk carton could be carried, not the weight of a milk carton (besides someone else would have to put the milk carton in and out of the bag).
howker - lifting and carrying amendment not ultra vires
CIB/2821/2004 states, with reference to Howker, that the amendment to the text of the activity of 'lifting and carrying' made from 6.1.97 was not ultra vires as it did not bring about any alteration in the law. See also CIB/3397/2004 and CSIB/169/2005.
movement from one place to another
R(IB)5/03 (CIB/5207/2001) states that carrying does not connote a degree of movement from one place to another. CIB/2916/2004 considers that someone must be able to carry out the activity "for long enough to be able to perform a function recognisable as carrying even if, as implied by R(IB)5/03, no very substantial distance would be involved." CIB/483/2001* (77/01) goes further, stating that simply handling something is not carrying it.
pain or discomfort
CIB/5065/1997 states that you must consider whether these activities can be taken without unreasonable pain or discomfort or causing fatigue or breathlessness.
type of kettle
CSIB/38/1996* (23/97) say that the use of a kettle refers to a normal kettle, not a specially adapted one.
unspecified objects
CSIB/33/1996 states that the ability to carry an unspecified bag is not enough. Evidence must show that the weight is 2.5 kg.
use of hands
R(IB)4/03 (CIB/727/1998) states that the ability to use hands is integral to the activity of lifting and carrying. Tribunals and decision maker not prevented from awarding points for this activity as well as “manual dexterity”.
busy street
CIB/590/1998* (1/99) states that people who can only hear a conversation in a busy street with difficulty should score 8 points for their reduced ability to hear because they cannot hear someone talking in a normal voice in a busy street.
use of a hearing aid
CIB/1741/1997 states that it is relevant to the test to ascertain for how often and for how long the claimant can make use of a hearing aid before suffering discomfort.
ability to recognise a friend across a street or room
CIB/1323/2007 states that the test requires the claimant to be able to identify a friend who is "alone on the other side of the room or road."
artificial light
CIB/2584/2002 states..
"if it is shown that the claimant cannot meet the visual descriptors in bright artificial light, then the fact that she can meet them in natural daylight conditions is in my view not enough of itself to allow her limitations to be ignored".
See also CIB/2952/2004 which considers fluorescent light.
CIB/2354/2001 says the test is the ability to read 16 point print not a test of sustained reading. In some cases concerning sight it is good practice for English and Welsh tribunals to ascertain as whether the claimant is registered as blind with the local authority. See also C12/00-01(IB) which states that the test is not the ability to carry out sustained reading but the ability to distinguish visual features - in this case claimant had to shake his head to clear his vision every few seconds in order to read.
colostomy or ileostomy bag
Perry v AO, 20th October 1999 (Northern Ireland) states that someone with a colostomy bag has “no voluntary control over their bowels”. A colostomy bag is not a prosthesis it is a receptacle. This decision reverses C/2/98 (IB)*. See also CIB/2873/2003, which also discusses the relevance of Northern Irish case law, such as Perry, to English decision making and cites R(SB)1/90 as guidance. See also C/11/96 (IB).
fact and degree
CIB/1098/1997 takes the view that incontinence is “the inability to retain the contents of the bladder until conditions are proper for urination”. Whether the descriptor applies is a matter of fact and degree. Case concerned someone who had urine leakage whenever they coughed or sneezed.
failure to follow a diet
CSIB/889/1999* (69/00) states that you cannot normally score points due to failure to stick to a diet which prevents incontinence (in this case the person had Coeliac Disease and did not stick to a gluten free diet). However tribunals should always consider whether it was reasonable to fail to follow the diet.
incontinence pads
CSIB/74/1996 states that these are irrelevant when considering lack of voluntary control as they do only help the claimant to cope with his or her condition. They do not aid voluntary control. See also CSIB/880/2003.
loses control
CIB/14332/1996* (38/97) considers situations where a person does not mess themselves if they rush immediately to a toilet. The wording 'loses control of bowels' is considered to be different terminology for 'no voluntary control of bowels'. See also CSIB/101/1996* (93/97).
CIB/3339/2006 held that where a claimant isn't always able to get to the toilet in time he or she "loses control" on those occasions when they fail.
medication
CIB/14750/1996 states that the wording of the regulations may be wide enough to include bodily disablement caused by medication e.g. medication causing incontinence. See also C/72/99 (IB)* (Northern Ireland – starred 14/00).
no voluntary control
CSIB/38/1996* (23/97) states that there is ‘no voluntary control’ only if there is some degree of urgency which the exercise of will cannot postpone, otherwise than de minimus (to a negligible degree). See also CIB/3519/2002 and CIB/1005/2004.
Note that in CSIB/85/1996 the commissioner held that the term 'no voluntary control' was inappropriate if the claimant could exercise control until reaching the lavatory.
passage of time
CIB/2597/1999 states that where a decision refers to a passage of time - "at least once a month" - and a greater period of time has passed without the specified problem, then this is a relevant change of circumstance, allowing the decision to be superseded by the decision-maker.
stress incontinence
C/70/98 (IB)* (Northern Ireland – starred 60/99) states that stress incontinence is not seen as a situation where someone has an urgent need to urinate (see CIB/14332/96*). The problem was seen as “dribbling and leaking” and does not constitute “no voluntary control of the bladder”
altered consciousness
R(IB)2/07 (CSIB/803/2005 and CSIB/8188/2005), a decision, made by a tribunal of commissioners, states that this is “when he or she is no longer properly aware of his surroundings or his condition so as to be incapable of any deliberate act. This follows the approach taken in C13/96(IB). The view taken in CSIB/14/96 was considered wrongly decided.
epileptic or similar seizures
R(IB)2/07 (CSIB/803/2005 and CSIB/8188/2005), a decision, made by a tribunal of commissioners, gives the following definitions:
evidence
CSIB/597/1997* (50/98) stated that a tribunal was wrong to accept an EMP opinion that the claimant had only had one fit in the last 6 months which was counter to the claimant’s own evidence. The frequency of fits is a matter of fact not opinion.
howker - definition of seizure and altered consciousness amendment not ultra vires
R(IB)2/07 (CSIB/803/2005 and CSIB/8188/2005) is a decision, made by a tribunal of commissioners, which states that the wording of Activity 14 as amended since 6th January 1997 (SI 1996/3207 – see Howker v. Secretary of State for Social Security) is not ultra vires and that the opposing view expressed in R(IB)3/04 is superseded.
The wording of Activity 14 is now “Remaining conscious without having epileptic or similar seizures during waking moments” rather than the old “Remaining conscious other than for normal periods of sleep”.
In reaching this decision the commissioners had to decide whether the DWP misled the Social Security Advisory Committee when introducing the proposed SI 1996/3207. They concluded that although the amendment to Activity 14 was not neutral in effect the intention was clear from both the amendment itself and the original commentary.
migraine
In CIB/4598/2002 it was decided that migraine in relation to epileptic or similar seizures and altered consciousness did not constitute altered consciousness.
passage of time
CIB/2597/1999 states that where a decision refers to a passage of time - "at least once a month" - and a greater period of time has passed without the specified problem, then this is a relevant change of circumstance, allowing the decision to be superseded by the decision-maker.
vertigo
CIB/13739/1996 states that severe attacks of vertigo may count as episodes of altered consciousness where the surroundings suddenly and without warning spin around so that the sufferer loses perception of their environment or if they lose their balance and fall over. Discussion as to whether “having epileptic or similar seizures” means similar in cause or effect. Commissioner’s view was that “similar” meant similar in effect. In CIB/15231/1996* (26/98) the tribunal were held to be incorrect in assuming that symptoms of vertigo were incapable of satisfying the test as they did not fully investigate the meaning of the word consciousness. See R(IB)2/07.
ability to make calls
CIB/215/2002 says that the test refers to ability to answer phone, not make calls. Installation of a phone does not alone indicate the ability to answer it and take messages.
apathy
CSIB/53/2003 states that apathy can be a factor provided it arises from some specific mental illness.
not a mathematical test
CIB/5336/2002 states that you must take an overall view, rather than apply a mathematical test, if a claimant sometimes can and sometimes cannot answer the phone. In this case the claimant sometimes unplugged the phone because she "could not deal with it".
taking a message
In CSIB/36/1996 the test is satisfied if a person cannot reliably take a message in writing or verbally. In CSIB/491/2000 the term "reliably" refers to the quality of the message not the act of picking up the telephone and answering it. See also CIB/748/2002 which discusses this in relation to alcoholism and anxiety.
either task
CSIB/26/1996: If a person cannot concentrate sufficiently to do either task the descriptor will be satisfied.
howker - paragraph 15(c) amendments not ultra vires
CSIB/279/2005 states that the revised wording was not ultra vires because it "added an extra hurdle for the decision maker (DM) rather than being adverse to the claimant." The original wording of this descriptor was "cannot concentrate to read a magazine article or follow a radio programme".
no longer drinking
R1/00(IB) (C/1/98(IB)) states that the descriptor does not apply to an alcoholic who is no longer drinking. Need is more than the desire to have a drink. See also CIB/17254/1996 and CIB/748/2002.
meaning of frequent
In CIB/1754/2002 frequent can mean once a day if there is a regular pattern of distress over a number of days. Test applies to day-time hours, not night-time. CSIB/2/1996 opposes this view and states that "frequent" means a substantial or significant number of times during the day. See also Northern Ireland decision C/25/01-02(IB).
causative factor
CIB/2008/1997 states that stress must be a causative factor in giving up work to satisfy the descriptor.
dismissal
CIB/4192/2004 states that this descriptor can still be satisfied if the claimant was dismissed from work.
voluntary work
CIB/3764/2001 states that work can include voluntary work.
point of comparison
CSIB/451/2001 says that the test should focus on the normal response of someone in straightforward circumstances.
overload
CIB/2008/1997 refers to a condition of “overload” of actual (or perceived) tasks rather than lethargy or lack of motivation.
immediate aspects of self care
CIB/5336/2002 states that the test is concerned with "the immediate aspects of self care" such as eating or maintaining personal hygiene. It does not apply to more remote aspects such as shopping or handling finances. See also CIB/4196/1997.
physical aggression
CIB/664/2005 states that physical aggression is not a necessary factor when considering the descriptor "Does he or she get so upset by ordinary events that it results in disruptive behavioural problems?"
upset or alarm
CSIB/2/1996 states that disruptive behavioural problems are considered those which upset or alarm people in some way.
amendments made are ultra vires
Howker v. Secretary of State for Social Security (2002) (R(IB)3/03) states that the amended reg 27 of Social Security (Incapacity for Work) (General) Regulations 1995, following Moule (see below), was ultra vires in relation to certain parts of the exceptional circumstances rules. A fuller discussion of this case is on our website at www.disabilityalliance.org/howk.htm.
R(IB)3/04 questions the lawfulness of other amendments to Social Security (Incapacity for Work) (General) Regulations 1995 that were not "neutral" in effect. As a result several amended descriptors have been declared unlawful in subsequent commissioner's decisions. R(IB)7/05 and CIB/844/2003 suggests the approach to be adopted - a representative relying on Howker should identify the amended provision (descriptor). If the amendment is not found to be neutral then it is ultra vires.
R(IB)5/05 confirms that the Secretary of State's incorrect application of the personal capability assessment, as amended by the regulations considered in Howker, can be corrected by a tribunal.
Note also C13/03-04(IB)(T), a decision by a tribunal of commissioners, which 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.
consideration of pca first
CSIB/146/2004 restates that tribunals cannot choose to ignore consideration of the personal capability assessment when assessing whether the exceptional circumstances test is satisfied because one is dependent on the other. Disagrees with CIB/601/1997. CIB/143/2007 states that, whilst decision makers are bound to consider the pca test before the exceptional circumstances test, tribunals are not.
duty to consider other exceptional circumstances
In CSIB/719/2006 the claimant claimed that she suffered from a severe uncontrolled or uncontrollable disease and also argued that the tribunal should have gone on to consider whether she “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 [s]he were found capable of work." The commissioner concluded that a reasonable tribunal, given the evidence in front of it, should have gone on to consider whether other exceptional circumstances applied.
meaning of uncontrolled
CIB/4546/2001 states that a life threatening disease is not uncontrolled if hospital therapeutic procedures can be used to control a condition. CIB/155/2004 suggests that the threshold for control is whether the level of control fails to remove the threat to the claimant's life.
right to appeal
R v Secretary of State ex parte Moule (1996) successfully challenged the fact that exceptional circumstances decisions had no right of appeal, as they were decisions made by a doctor rather than a decision maker. The law was amended to make decisions the responsibility of the decision maker, with a right of appeal against that decision, but in the process other amendments were made that were subsequently overturned in Howker v. Secretary of State for Social Security.
type of work
CIB/26/2004 considers situations where " there would be a substantial risk to the mental or physical health of any person if he were found capable of work". It suggests that "the risk must be assessed in relation to the type of work for which the claimant would otherwise be required to be available" and " involves a consideration of the risk to health involved in the general type of work that the claimant is otherwise qualified, experienced or skilled to undertake." CIB/1064/2006 has a similar argument. See also CIB/143/2007.
CSIB/223/2005 questioned the practicality of applying this test and also considered that it broadened the test in a way not intended in the legislation. CIB/360/2007 discusses both of the above approaches.
See also CIB/2767/2004 and CSIB/33/2004.
decisions on exemption
CIB/4033/2003 states that it is the decision-maker's responsibility to determine exemption, not the medical authority's.
howker - Severe mental illness amendment not ultra vires
CSIB/169/2005 states:
"I am satisfied that the Committee had before it all the information that it required in relation to that specific regulation to make up its own mind on the effect of the proposed amendment and what action to take on it."
effect on activity
CIB/5654/1997 states that the use of a prosthesis may not be relevant if it “essentially alters the nature of an activity”. See also CIB/614/1998 in the “Getting up From a Chair” section.
claim stage
R(S)/13/54 & R(S) 13/52 restates that at the beginning of the claim, the claimant must prove incapacity (i.e. by claiming and providing a medical certificate).
deemed incapacity
CIB/16092/1996 states that until the claimant has had their first personal capability assessment they are "deemed" to be incapable of work but there has been no "decision" that they are incapable so there are no grounds for revision or supersession.
reviews
R(S)/3/90 restates that at the review stage, it's the decision-maker who must show that the claimant is not entitled.
requirement to furnish information
CIB/1599/2005 states that in incapacity credit cases a supersession for change of circumstances can only take effect from the date of the superseding decision rather than from the date of change of circumstances, if earlier. This is because Reg 7(2)(c)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations1999 does not require credits only claimants to furnish information. In addition regulation 32 of the Social Security (Claims and Payments) Regulations 1987 also does not require the claimant to furnish information because it refers to payments of benefit rather than the award of credits.
treatment of days when no dialysis
In CIB/2397/2002 the Commissioner considered whether a claimant undergoing haemodialysis should be treated as incapable of work on the days when they were not undergoing dialysis. Regulation 13 of the Social Security (Incapacity for Work) (General) Regulations 1995 ensures that someone receiving regular weekly haemodialysis or peritoneal dialysis for chronic renal failure is treated as incapable of work on any day on which they are undergoing the dialysis.
With respect to the other days the decision follows R(IB)2/99. In R(IB)2/99 the Tribunal of Commissioners did not consider that the all work test 'must be literally satisfied in relation to each day' but that a broad view should be taken and that there were some cases where a claimant could properly be regarded as incapable of work both on the days when the pca test was clearly satisfied and on the other days in between those days.
no requirement for signature
R(IB)7/05 (CIB/3743/2004) states that tribunals are not bound by strict rules of evidence (for reference see R(U)5/77 and CDLA/2014/2004) so section 7 of the Electronic Communications Act 2000 does not apply. CIB/3984/2004 assumes that section 7(1) of the Act does apply and states that electronic 85s must be properly certified in the event of the evidence being challenged.
reliability as evidence
CIB/476/2005 highlights the pitfalls of electronic evidence. The claimant should have been awarded 15 points for the descriptor of sitting but this was wrongly entered, possibly due to programming error/limitations. In addition to this, statements could be automatically (and wrongly) repeated throughout the document unless the doctor overrode this instruction.
CIB/511/2005 also criticised the automated nature of reporting (including the use of standard phrases) and the increased risk of accidental discrepancies or mistakes remaining undetected in the final report. See also CIB/1522/2005 which looks at the internal consistency of findings when the doctor overrode the evidence that the computer programme suggested for each descriptor. See also CIB/143/2007.
CIB/664/2005 has similar criticisms and suggests that, where the electronic 85 is used, a full picture of the guidance to approved doctors can only be obtained by reading the guidance manual for the electronic programme together with the "Incapacity Benefit Handbook for Approved Doctors". Copies of the manual can be obtained at www.dwp.gov.uk/medical/guides_detailed.asp#ibhnd.
CIB/3950/2007 places a duty on the tribunal to investigate automated and unsubstantiated phrases (in this case "other available evidence").
conflicting evidence
R(S)/4/56 states that, where there is conflicting opinion, the decision maker must decide on the balance of probabilities which is correct. See also R(S)4/60, and CIB/14722/1996, a decision by a tribunal of commissioners.
CIB/4981/1997 states that tribunals should make their own findings of fact rather than choose between the opinions of two doctors. See also CIB/3868/2001, CIB/407/1998 and CIB/1149/1998.
CIB/16401/1996 states that where there is a difference of opinion between an EMP and a claimant the tribunal must consider all evidence.
The following decisions favour one set of evidence over another but could lead a tribunal to err in not considering all evidence. CIB/17257/1996, CIB/8462/1995 and CSIB/324/1997 suggest that tribunals should normally follow the opinion of the EMP but such opinions are counteracted by CS/773/1981 and CDLA/3337/1998 which state that a GP will usually be in a better position than an EMP to form an accurate medical view, if he or she sees the claimant regularly.
consideration of descriptors
CIB/14664/1995 states that a tribunal does not have to consider all descriptors. It can discount those that make no practical difference to the decision or which there is no evidence to alert the Tribunal to make enquiries. CIB/14442/1996* (43/97) suggests a tribunal should not restrict the scope of their enquiries to the boxes on the IB50 that have been ticked by the claimant.
cuty to consider evidence
R(IB)2/06 (CIB/3108/2005) states that a tribunal is not bound to consider evidence if it is not relevant but must give reasons for deciding this. If the tribunal considers that the evidence (in this case X rays) might be relevant but needed someone with greater expertise to interpret it they should consider adjourning the appeal or state reasons for not doing so.
emp chaperon
CIB/2011/2001 says that the EMP is entitled to have a chaperon (providing confidentiality is maintained) with them when carrying out an examination in the claimant’s own home. See also CIB/2654/1999.
emp reporting
In CIB/908/2003 failure to delete an item on a form was considered an oversight, not an error in law.
evidence of claimant
R(SB)33/85 states that there is no rule in law that states that a claimant's evidence must be corroborated with other evidence (e.g. medical evidence).
When an adjudicating authority rejects the evidence of the claimant it must identify the grounds for rejection. See also CSIB/459/1997.
C32/00-01(IB)* (108/01) a decision of a Northern Ireland tribunal of commissioners states that there is no universal obligation for a tribunal to explain its reasons for doubting the credibility of a claimant's statement.
evidence of examining medical practitioner (EMP)
In CIB/16065/1996 the tribunal was wrong to pay particular regard (at the expense of other evidence) to the medical report on the grounds that it was prepared by a person of expert standing who has no financial interest in the outcome of the appeal. CIB/14722/1996 also stressed that a tribunal should not adopt the findings of the EMP unless they are satisfied, after considering all the medical evidence, that his or her findings are an accurate reflection of the evidence.
CIB/911/1997 stated that a tribunal should give a full explanation of why the EMP report was preferred to that of the GP. See also CIB/4981/1997 and CIB/3908/2001.
evidence of GP
CIB/13038/1996 states that a tribunal cannot discount a GP's report because the GP had only known the claimant for a short time (in this case 6 months) as the GP had the claimant's case records and could form his or her own opinion.
CIB/14442/1996* (43/97) discusses “led” evidence where a GP was asked to give yes/no answers on two descriptors rather than a whole range. It was suggested that the evidence must still be considered as the GP was a professional person who had a free choice as to what answer to give.
evidence outside a time limit
In CIB/4253/2004 a tribunal adjourned a case to allow both parties to provide further evidence. In doing so it directed a 28 day time limit. The claimant provided evidence outside that time and the tribunal was guilty of an error of law because it refused to look at it.
failure to attend a medical
R(IB)1/01 (CIB/111/98) states that a claimant cannot “fail to attend” a medical if it has been cancelled. In R(IB)2/01 (formerly CIB/4118/98) it was held that the decision maker must provide evidence that a request to attend a medical was sent to the correct address in cases where this has not been received. If the claimant’s appeal is unsuccessful the decision maker should consider whether the appeal letter can be treated as a new claim.
CIB/1381/2003 discusses the legislation governing the requirement to send documents and the issue of good cause for failure to attend as well as the meaning of the word "send" or "sent" which in some interpretations can mean dispatched or delivered. It also cites R(IB)2/01, CSIB/611/1998, CJSA/3523/2002 and R(CS)1/99.
CSIB/721/2004, citing CIB/4512/2002, states that a notification has not been sent if it was not delivered. As a result questions of good cause for non attendance are not reached in the case of non-receipt of a notification.
CIB/2221/2005 acknowledges that medicals may be arranged at short notice. however, it notes that this does not absolve the DWP of the requirement under regulation 8(3) of Social Security (Incapacity for Work) (General) Regulations 1995 to give at least 7 days notice before hand unless the claimant agreed to accept a shorter period of notice.
fraud reports
C49/99-00(DLA)* (37/01) states that it is permissible for a tribunal to consider information provided by Fraud Investigation reports but it may be a breach of natural justice if the claimant is not informed of this when he or she is sent the evidence used for a decision prior to appeal.
length of time of EMP medical
CSIB/69/2003 states that the length of time (10 minutes in this case) is irrelevant. What matters is whether the examination was properly conducted? Cites relevant (obiter) passages from CSIB/450/2003 and CIB/908/2003.
the need for a medical
CIB/2312/2002 reaffirms that a medical examination is permissible but not necessary for the personal capability assessment.
new medical opinion
R(S)6/78 states that obtaining a different medical opinion is not a change of circumstance , though it may be evidence of it. R(M)5/86 and CM/431/1991 endorse this view. CIB/3899/1997 agrees but states that where there is evidence of an actual change of circumstances or a mistake of fact tribunals should look at the earlier decision and the evidence upon which it was based. See also CIB/2338/2000* and CIB/2811/2005.
oath helping
CDLA/1576/2007 states that "oath helping" - evidence which serves to bolster a the claimant's credibility - is inadmissible in criminal law but is permissible at appeals, which are not bound by the same proceedings.
oral evidence
CIB/5586/1999* (76/01) states that, when faced with differing medical opinions, a tribunal must listen to oral evidence from the claimant before making up its own mind.
physical examination during a hearing
CI/01-02(IB)(T)*(97/01) restates that a tribunal is not allowed to make a physical examination during a hearing. However if the claimant offers to show some part of the body as evidence of disablement then the tribunal must either look or else refer claimant to a medical or offer him or her the chance to provide other evidence.
questionnaire evidence
In CIB/2368/2004 the tribunal questioned whether a medical report, in the form of a questionnaire, was genuine and refused the appeal. It erred in failing to put their suspicions to the claimant or her solicitors before making a decision. See also CIB/14442/1996* (43/97).
refusal to attend medical
CIB/849/2001* (112/01) says that a claimant cannot refuse to submit to an EMP examination on the grounds that a non-medically qualified person (i.e. the decision-maker) will see the report. See also CIB/2011/2001.
role of decision maker
R(S)/1/53 states that a decision maker is not bound to decide exactly the same as any doctor.
ib50 reminders
R(IB)1/00 (CIB/4961/1997): There must be 4 clear weeks between the sending of the IB50 and the reminder. This excludes the day the first IB50 was sent and the day the reminder was sent. If the reminder is sent out too early, then the DWP decision-maker is not entitled to find someone capable of work for failing to return the form. as there are no grounds to supersede the claimant's award of benefit.
Tribunals need to investigate whether the reminder questionnaire had actually been posted out on the same day as the computer records showed that the accompanying letter had been generated. The burden of proof in such a case is on the decision-maker.
late submitted IB50
CIB/3512/1998* (10/00) discusses the interaction between reg 7(1) and reg 28 (2)(iii) IW General Regs where a claimant failed to submit an IB50 questionnaire on time and was declared capable of work. Reg 28 (2)(iii) applies to the fresh claim and not to any previous period. The late submitted questionnaire could be treated as a new claim or application and if close enough to the previous claim period it is possible that backdating rules may apply.
non receipt of IB50
CSIB/611/1998* (37/99) states that tribunals must consider whether the claimant had good cause for not returning an IB50 (which he had never received). Factors considered were unreliable mail (not relevant in this case) and the claimant’s own testimony. In this case good cause was not established because there was proof that the IB50 was sent and there were no extenuating circumstances.
claimant wrongly informed
In CIS/1721/1998 backdating of income support was allowed under reg 19(5)(d) of the Claims and Payments Regulations 1987. The claimant was given information by an officer of DSS(DWP) or Department for Education and Employment which led her to believe she was entitled to IB which implied that as a consequence a claim for income support would not succeed. Reg 4(5) of the same regulations was also relevant because the claimant should have been issued with an income support form. See also CIS/610/1998*(16/99) and CIS/2077/1998.
failure to return IB50
In CIS/2445/2005 a claimant appealed after he had been declared capable of work following the non-return of his IB50. He could not receive income support, because this type of appeal came under Section 171A and not Section 171B or C of the Social Security Contributions and Benefits Act 1992.
superseding a decision
CSIB/501/2003 states that Regulation 6(2)(g) of Social Security and Child Support (Decisions and Appeals) Regulations 1999 cannot be used to supersede transitional award of long term incapacity benefit. The regulation only applies to an actual incapacity benefit decision. Discusses the invalidity benefit transitional rules in detail.
See also CSIB/695/2004. In this case the the tribunal erred in not following the procedure outlined in paragraph 74 of R(IB)2/04 and considering alternative grounds for supersession. Commissioner Parker stated that 6(2)(a) of the Decisions and Appeals Regulations could be used instead. Following this decision DMG guidance has been issued – Memo DMG Vol 1 07/05 and Memo DMG Vol 10 05/05.
See also CIB/912/2007 where a decision to remove IB was based on regulation 7(2)(c)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (SI 1999 No 991). This provision allows a decision maker to supersede from the date of the change of circumstance in relation to "an incapacity benefit decision where there has been an incapacity determination" but does not apply where the original decision to be superseded was an invalidity benefit decision. Regulation 7(2)(c)(iii) can be used instead.
requirement for Med4
R(IB)5/98 (CIB/15325/1996) states that the decision-maker is not obliged to get form Med 4 and can make a decision without it. See also CIB/16402/1996, CIB/17533/1996 and CIB/16690/1996.
activities and pain
CIB/4553/1999* (11/01) states, in relation to the activities of sitting, standing and walking, you cannot score points unless these actions aggravate a condition which causes pain.
comparison with healthy person
CIB/13161/1996 & CIB/13508/1996 states that pain and fatigue and increasing difficulty of performing a given activity on a repeated basis must be taken into account by considering how far a claimant’s normal capabilities are impaired compared with those of a healthy person in normal working order.
medication or other treatment
CIB/13739/1996 states that if symptoms are relieved by treatment it is fair to assess capability with regard to the beneficial effects of the treatment providing side effects do not outweigh these benefits. See also CIB/14817/1996.
CIB/16182/1996 considers pain when carry out a task because the claimant has had to stop taking medication.
calculation of average hours
CIB/4090/1999* (28/00) discusses calculation of earnings. Earnings for a particular week cannot be averaged. CIB/1723/2000* (16/01) states that a claimant should only be considered capable of work for those hours where she exceeded 16 hours. CIB/589/2002 discusses times when someone is at work when they are not considered to be working according to the regulations (in this case a children’s escort on a school bus).
computation of earnings regulations
Secretary Of State for Work And Pensions v Doyle (2006), reported as R(IB)1/06, confirms the use of the Computation of Earnings Regulations as the means whereby incapacity benefit permitted work is calculated. A fuller discussion of this case is on our website at www.disabilityalliance.org/doyle.htm. See also CIB/920/2007.
dwp notification of duty to inform permitted work
In CIB/3925/2003 a permitted work period was not recoverable because the DWP flyer/letter issued to claimants explaining the, then new, permitted work system was not specific enough and the claimant could not reasonably be expected to know he had a duty to inform. R(IB)4/05 (CIB/1985/2004) and Hooper v Secretary of State for Work and Pensions (R(IB)4/07) follow this. See also CIB/912/2007.
failure to inform work ceases
CIB/760/2005 states that under the law a claimant who does permitted work lower (£20 limit) is required to give notice of this work to the DWP at any time before he ceases work. This claimant was called in for an interview and stated that he had ceased work the day before he informed the DWP. However the commissioner argued that it could be inferred that he would have continued working had he not been interviewed.
"In this case, the claimant had a pattern of activity, albeit one that was to an extent irregular and unpredictable…..The pattern was ongoing at the time of the interview and statement of 23 June 2004. It was brought to an end as a result of that interview. As a consequence, the claimant last carried out any work on the day before the interview. But the pattern of activity was ongoing and, for the purpose of the definition in regulation 17(1E) [Social security (Incapacity for Work)(General) Regulations 1995] the claimant only ceased to undertake work within that pattern following the interview."
found to be capable on the grounds of work done
CIB/589/2002 states that Reg 16(1) of the SS (Incapacity for Work)(General) Regs does not necessarily apply to subsequent periods where such work is not done - "Unless and until entitlement to benefit is reviewed on other grounds, the claimant continues to be entitled to incapacity benefit during such periods as regulation 16(1) does not operate." See also CIB/5170/1999 (para 15) and CIB/1723/2000* (16/01) and CIB/3507/2002.
lodgers
R(IB)1/03 (CSIB/877/2001) states that services provided to lodgers in return for money counts as work.
national minimum wage
R(IB)7/03 (CIB/1650/2002) discusses, in some detail, whether wife’s earnings should be subject to notional income because she is paid an hourly rate below the national minimum wage. Concludes that only the actual amount paid counts. This decision needs to be read carefully.
negligible work
CIB/5298/1997 gives guidance for tribunal on the consideration of whether work is negligible in relation to reg 16 Incapacity for Work General regulations. States that the rules may have to be considered on a week by week basis. See also CIB/3507/2002.
notification of earnings
CIB/1599/2005 discussed the problem of notification of earnings of less than £20 per week where "in such circumstances the required notice need only be given "at any time before the person ceases to undertake the work".
old therapeutic work rules
(note: therapeutic work was replaced by permitted work in April 2002)
CIB/2679/2003 says that work done on the advice of a psychologist or physiotherapist is not work done on the advice of a doctor unless they fit the definition in reg 2(1) Social Security (Incapacity for Work) (General) Regulations 1995. Also any advice given by a doctor a long time before the work was undertaken would be insufficient to satisfy the rules.
CSIB/608/1997 States that therapeutic work must be taken on the advice of a doctor before being done. Cannot obtain permission afterwards. See also C9/00-01(IB)*, C36/00-01(IB)* (joint starred 68/01) and CIB/1749/1997.
welfare to work beneficiary - notification of work
CIB/1886/2003 & CIS/1887/2003 states that notifying work before actually starting it amounts to satisfying the requirements for notification if the DWP subsequently fails to send out the standard report form normally used.
chronic fatigue syndrome – variation of condition
CIB/6244/1997* (73/98) sets down three issues the tribunal should consider - variability, the impact on the claimant’s ability to perform actions repeatedly and the fatigue associated with the condition. Need to ascertain whether condition is wholly/partly mental or physical to ensure the appropriate parts of the test are applied.
Need to look at both Variable and intermittent conditions when determining the test. Some cases will involve characteristics of both conditions. of these
Also discusses claimant’s capacity for work during particular times of the day, fractions of the day being ignored in determining incapacity for work.
CSIB/459/1997 states that a claimant qualifies if they normally satisfy the pca most of the time. For sporadic conditions where the pca is passed in linked periods of incapacity for work, each period should be assessed. See also CSIB/684/1997.
meaning of "cannot"
CSIB/17/1996 says that "cannot" doesn’t mean that a person couldn’t ever do the activity even with a supreme effort on an isolated occasion. It applies if a person cannot normally do it as and when called upon to do so.
meaning of "sometimes"
R(IB)2/99 (Tribunal of Commissioners for three appeals heard together - CIB/14534/1996, CIB/13466/1996 and CIB/944/1997); discusses the meaning of sometimes (generally where “sometimes cannot” is used rather than “cannot” in descriptors) and reasonable regularity. Considers that examining incapacity over a period of a number of days is a reasonable approach. How frequency is established will vary from case to case.
See C1/95/IB and C17/01-02(IB)(T) (which concerned a claimant who had variable walking problems before and after regular treatment for callused feet). See also CIB/2620/2000 where the claimant only suffered from their condition once a month and was deemed to be incapable of work during this time only.
See also CIB/2397/2002 in the "Dialysis " section, where the claimant was incapable for three days due to haemodialysis but could satisfy the other days due to tiredness.
pca not a snapshot
CIB/15231/1996 states that the personal capability assessment is not a snapshot. An overall view of incapacity is allowed.
repetition of an activity
CIB/14587/1996* (65/97) states that if a person can’t repeat the exercise within a reasonable time, they should be regarded as unable to do it. If performing an activity causes too much discomfort, the claimant should be regarded as incapable of doing it. See also CIB/712/2006.
CIB/16949/1996 states that the ability to perform a task on isolated occasions or only with undue exertion or risk to health is irrelevant as is the ability to perform a task continuously. The question is whether the claimant can do the task with reasonable regularity.
CSIB/17/1996 states that there is an overall requirement of reasonableness to the question of what a person is or is not capable of doing and this may include consideration of their ability to perform activities most of the time. Reasonable regularity should be considered. Agrees with C1/95/IB that ability to perform activities with reasonable regularity must be considered.
variation during the day
CIB/14969/1996 states that where incapacity varies during the day it is treated as existing throughout the day (under reg 15 SS(IW) Regs). See also CIB/6244/1997* (73/98) and CIB/16677/1996.
CIB/399/2003 concerns a case where someone has a condition (asthma) that might fluctuate during the day. Favours the approach of CIB/6244/1997 but not convinced by the argument of CIB/243/1998 in which it was considered that an asthma sufferer could be capable of work the same day after he or she had an attack. Also follows R(IB)2/99.
jamaica
Campbell v. Secretary of State for Work and Pensions states that there is no right of appeal against a decision on incapacity for work where the claimant might be entitled to benefits under the Social Security (Jamaica) Order 1997. This was not held to contravene Article 6 of the Human Rights Convention. This case was an appeal against the decision made in CIB/3645/2002.
germany
R(IB)1/02 (CIB/4243/1999) discusses eligibility under EC law for a person living in Germany to receive incapacity benefit. For EC purposes short term IB is classed as a sickness benefit (which can therefore possibly be used to help someone satisfy the 364 day qualifying period for long term IB) and long term IB as an invalidity benefit.
usa
CIB/3586/1999* (15/00) concerned a claimant who was refused IB because they were abroad. Tribunal should have considered reciprocal agreements with the USA.
fear of harm
CSIB/12/1996 states that if there is a real risk which would deter a reasonable person from doing an activity, then it is legitimate to say they cannot do the activity.
multiple allergies
CIB/4406/2000* (62/01) states that someone can satisfy the test where he or she has multiple allergies that make everyday environments unsuitable for them unless they are specially adapted.
normal environment
CIB/4406/2000 reaffirms that it is the normal environment rather than the work environment that counts. In this case the claimant was held to be incapable of work because he was severely allergic to perfume and had to avoid supermarkets, buses and other everyday places.
pca is an every day activity test
CIB/13161/1996 & CIB/13508/1996 states that there is no warrant in the regulations for a separate consideration of whether the claimant could or could not perform the activity in some imaginary working context such as a factory if this means that some additional test is to be imported. See also CIB/14587/1996* (65/97), CIB/2620/2000, CIB/1265/2002, CSIB/17/1996 and C1/95/IB, a decision of the Northern Ireland Commissioners.
not a separate benefit
CIB/1410/2005 states that a claim for youth IB does not constitute a separate claim. It simply has a separate set of conditions. For those claiming youth IB who seek to benefit from the under 25 provision there is no definition of full time education. Consideration of this is therefore a matter of fact. The decision also discusses definitions of vocational and work based training - which does not apply in this case.
Last updated: 14 March 2008
Author: Martin Inch
