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Neutral Citation Number:
Reported Number:
File Number: CIB 2397 2002
Appellant:
Respondent:
Judge/Commissioner: Judge H. Levenson
Date Of Decision: 11/04/2003
Date Added: 23/04/2003
Main Category: Incapacity benefits
Main Subcategory: exemptions from test
Secondary Category: Incapacity benefits
Secondary Subcategory: awt/pca: general
Notes: The claimant was engaged in dialysis for 3 days a week and under regulation 13 was treated as incapable of work on those days. I decide that: 1. Regulation 6(3) (exempting her from the requirement to provide evidence as to incapacity) only applies in respect of those days on which the claimant is treated as incapable of work by virtue of regulation 13, but that regulation 6(1) (imposing the requirement) applies in respect of the other days. Otherwise regulation 13(2) would not limit the deemed incapacity to the days on which the claimant is engaged in treatment, but would treat the claimant as incapable of work for the whole of any week in which regular weekly treatment took place. (Paragraph 9). 2. However, the decision of the Tribunal of Commissioners in R(IB) 2/99 also applies where credits are at stake, rather than benefit, and to cases where days are treated as days of incapacity under regulation 13 rather than by reference to the Personal Capability Assessment.
Decision(s) to Download: cib 2397 2002.doc cib 2397 2002.doc