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Neutral Citation Number:
Reported Number:	R(IB)3/02
File Number:	CIB 7347 1999
Appellant:
Respondent:
Judge/Commissioner:	Judge P. L. Howell Q.C.
Date Of Decision:	23/05/2001
Date Added:	03/04/2002
Main Category:	Incapacity benefits
Main Subcategory:	activity 6: bending or kneeling
Secondary Category:
Secondary Subcategory:
Notes:	Incapacity for work - all work test bending and kneeling meaning of cannot either, bend or kneel, or bend and kneel The appellant was accepted as incapable of work from the end of 1997 and, in October 1998 (following examination), qualified for incapacity benefit by reason of the exceptional circumstances provisions contained in regulation 27 of the Social Security (Incapacity for Work) (General) Regulations 1995. On further examination in May 1999, the examining doctor took the view that the appellant scored 9 points on the all work test, and that regulation 27 no longer applied. The appellants benefit was reviewed and terminated with effect from 4 June 1999. On appeal to a tribunal, the appellant raised, inter alia, his ability to bend and kneel. The tribunal varied the adjudication officers decision to the extent that it awarded a further 3 points, but the appellants score was still insufficient to qualify him for benefit. The tribunal did not award any points for bending and kneeling because it found that the appellant would be able to kneel, even if, at times, because of his back problems, he could not bend. The appellant appealed to the Commissioner, who in the grant of leave raised the issue of whether the claimant did in fact satisfy descriptor 6(c) in the Schedule to the Regulations. By later direction, the Commissioner also raised the decisions in CIB/16461/1996 and CIB/4904/1998 which interpreted the bending and kneeling descriptors to the effect that a claimant who sometimes could not bend, but could kneel, did satisfy descriptor 6(c). Such decisions ran contrary to other Commissioners authorities. Following the refusal of an application to appoint a Tribunal of Commissioners, it was directed that the appeal be decided by a Commissioner who had not previously expressed a view on the bending and kneeling descriptors. Held, dismissing the appeal, that: 1. descriptors (b) and (c) of activity 6 are not satisfied by a claimant who can reach the floor and straighten up again by bending, or by kneeling, even if he cannot do both [R(IB) 2/02 and CIB/3809/1997 followed in preference to CIB/16461/1996 and CIB/4904/1998]; 2. the bending and kneeling activity is concerned with a basic level of agility and balance of the torso and limbs, and the descriptors characterise a minimum standard of ability to flex and extend (paragraph 20).
Decision(s) to Download:	R(IB) 3-02 ws.doc