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Neutral Citation Number:
Reported Number: R(IB)5/98
File Number: CIB 15325 1996
Appellant:
Respondent:
Judge/Commissioner: Judge J. P. Powell
Date Of Decision: 12/06/1997
Date Added: 26/07/2002
Main Category: Incapacity benefits
Main Subcategory: awt/pca: general
Secondary Category: Incapacity benefits
Secondary Subcategory: medical evidence
Notes: All work test - evidence of incapacity - whether claimant can be held to be incapable of work in the absence of form Med 4 The claimant became incapable of work and received benefit, which from 13 April 1995 was incapacity benefit. Subsequently, he was issued with an incapacity for work questionnaire and was also asked to obtain a form Med 4 from his general practitioner. He returned the questionnaire, but the form Med 4 was not produced. Following examination by a medical officer, the adjudication officer decided that the claimant did not satisfy the all work test and benefit was disallowed. The claimant appealed. The tribunal allowed the appeal on the grounds that, in the absence of a Med 4, the adjudication officerÂ’s decision had been taken on insufficient evidence (having regard to regulation 6(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 and regulation 2(1)(c) of the Social Security (Medical Evidence) Regulations 1976). The adjudication officer appealed to the Commissioner. Held, allowing the appeal, that: 1. the wording of regulation 2(1)(c) of the Social Security (Medical Evidence) Regulations 1976 empowered the Secretary of State to request a form Med 4, however it did not oblige him to do so; 2. where that discretion was exercised so that a form Med 4 was requested, that request was not irrevocable; and if no form Med 4 were produced, then a decision to proceed without it could be taken; 3. a form Med 4 is not therefore necessary before an applicant can be assessed to see whether he or she satisfies the all work test. The Commissioner set aside the tribunalÂ’s decision and referred the case to a different tribunal for rehearing.
Decision(s) to Download: IB5_98.doc IB5_98.doc