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Neutral Citation Number:
Reported Number: R(IB)3/98
File Number: CSIB 13 1996
Appellant:
Respondent:
Judge/Commissioner: Mr J.G. Mitchell Q.C
Date Of Decision: 02/08/1997
Date Added: 26/07/2002
Main Category: Incapacity benefits
Main Subcategory: activity 2: stairs
Secondary Category: Incapacity benefits
Secondary Subcategory: activity 12: vision
Notes: All work test - virtually blind claimant - whether visual defect entitles scores under more than one activity Review - incapacity benefit - requirement to review transitional award The claimant was virtually blind. He had scored twelve points relative to vision under descriptor 12(d) of Schedule 1 of the Social Security (Incapacity for Work) (General) Regulations 1995. A social security appeal tribunal upheld that award but held that the same disability entitled him to a further three points for inability to walk down a flight of stairs without holding on. The adjudication officer appealed to the Commissioner. Held, allowing the appeal, that: 1. there was no reason under regulation 24 for imposing a restriction on any of the activities and descriptors to which a particular disability might apply. The fact that the claimantÂ’s disability qualified for a score under activity 12 did not preclude it from also scoring under activity 2. The tribunal had, however, failed to explain their reasoning; 2. the tribunal had failed to consider the question of review. A transitional award of long term incapacity benefit could not be terminated except by a process of review and revisal.
Decision(s) to Download: IB3_98.doc IB3_98.doc