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Neutral Citation Number:
Reported Number:	R(IB) 1 01
File Number:	CIB 111 1998
Appellant:
Respondent:
Judge/Commissioner:	Judge M. Rowland
Date Of Decision:	16/02/2000
Date Added:	26/03/2002
Main Category:	Incapacity benefits
Main Subcategory:	attending medical examination
Secondary Category:
Secondary Subcategory:
Notes:	Medical examination - claimant not attending cancelled examination - whether "fails ... to attend ... an examination" The claimant was called for examination on 18 February 1997. This was the sixth examination arranged for him. He requested a postponement because he had the opportunity of treatment abroad and was told that the appointment would be cancelled. The adjudication officer then decided that he had failed to attend for examination without good cause and was to be treated as capable of work under regulation 8(2) of the Social Security (Incapacity for Work)(General) Regulations 1995. The tribunal decided good cause had not been shown and dismissed the appeal. The claimant appealed to the Commissioner, contending he could not fail to attend a cancelled examination and complaining that he had been refused benefit on subsequent claims. Held, allowing the appeal, that: 1. once the medical examination had been cancelled, it was impossible for the claimant to fail to attend it; 2. a decision under regulation 8(2) terminated the existing period of incapacity for work and had effect until the effective date of a new claim. It also, for 26 weeks, prevented a claimant from being treated under regulation 28(2) of the same regulations as incapable of work pending assessment under a new claim. The Commissioner substituted his own decision that the claimant was not to be treated as capable of work from 19 February 1997 on the ground of failure to attend or submit to medical examination on 18 February 1997.
Decision(s) to Download:	ib1_01.doc