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Neutral Citation Number:
Reported Number:	R(IB)4/03
File Number:	CIB 727 1998
Appellant:
Respondent:
Judge/Commissioner:	Mrs L.T. Parker
Date Of Decision:	29/01/1999
Date Added:	08/11/2002
Main Category:	Incapacity benefits
Main Subcategory:	activity 8: lifting and carrying
Secondary Category:
Secondary Subcategory:
Notes:	All work test - interrelation of the activities of lifting and carrying and manual dexterity - effect of exclusion in activity 8 The claimant had suffered an amputation of the index and middle fingers of his right hand at their base and his right ring finger was held in a fixed flexion deformity. The adjudication officer awarded the claimant twelve points for impairment of manual dexterity and of lifting and carrying under descriptors 7(f) and 8(e). The tribunal considered that the claimant's difficulties could be included only within the scope of the activity of manual dexterity. The tribunal took the view that the wording of activity 8 ("lifting and carrying by the use of the upper body and arms (excluding all other activities specified in Part 1 of this Schedule)" precluded the award of any points for lifting and carrying. The claimant appealed to the Commissioner. The adjudication officer supported the appeal. Held, allowing the appeal, that: 1. the wording of activity 8 had been amended by the Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations 1996. The effect of the amendment had been to preclude from taking into consideration those activities which are often associated with lifting and carrying but which are separate components of one continuous manoeuvre (e.g. walking, reaching and bending, walking up and down stairs and standing and rising from sitting). (CSIB/42/1996 and CSIB/13/1996 distinguished); 2. on a literal interpretation of the exclusion in activity 8, any problem with the use of hands was to be excluded but this would negate a very significant aspect of what was included in the concept of lifting and carrying. Since all the descriptors in activity 8 which attract points referred to the use of a hand in picking up and carrying, it was possible that no award of points under that activity could ever be made in cases where the claimant had a problem with manual dexterity. However, the use of hands is an integral part of the activity of lifting and carrying and not a separate component of it, and adopting a purposive interpretation, the activities and the descriptors had to be read together in order for the all work test to be properly applied.
Decision(s) to Download:	R(IB) 4-03 final amended.doc