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Neutral Citation Number:
Reported Number: R(IB)1/99
File Number: CIB 15804 1996
Appellant:
Respondent:
Judge/Commissioner: Dr D. G. Rice
Date Of Decision: 12/05/1998
Date Added: 21/06/2002
Main Category: Incapacity benefits
Main Subcategory: awt/pca: general
Secondary Category:
Secondary Subcategory:
Notes: All work test – person able to walk upstairs normally but able to walk down stairs only one step at a time – whether “can only walk up and down ….. one step at a time” An adjudication officer found that the claimant did not satisfy the all work test and reviewed the claimant’s award of incapacity benefit, deciding that he was no longer entitled to it. On appeal, a tribunal found that the claimant could only move one step at a time when walking down a flight of stairs but they decided that that was not enough to satisfy the descriptor “can only walk up and down a flight of twelve stairs if he goes .. one step at a time.” Because the claimant could not go up stairs more than one step at a time. They did not award the claimant any points under that descriptor and dismissed the claimant’s appeal because he scored only 14 points on other descriptors. The claimant appealed to the Commissioner. Held, allowing the appeal, that: the draftsman had had in contemplation an inability to go up and down a flight of stairs without the necessity at some stage at least to restrict one’s movement to one step at a time and accordingly the tribunal had erred in not awarding three points in respect of that descriptor. The Commissioner substituted his own decision to the effect that the claimant satisfied the all work test and remained entitled to incapacity benefit.
Decision(s) to Download: ib1_99.doc ib1_99.doc