CS/008/80
Polygamous marriage - domicile of origin and domicile of choice
CS/51/92
De-retirement - whether retrospective
CS/143/93
Absence abroad on Employment Training Course
C1/94(SB)
Claimant in receipt of DLA - tribunal should consider this together with relevant medical evidence
CIB/14202/96
All-work test - tribunal should be hesitant about raising mental disabilities without evidence
CIB/213/99
Down to the date of hearing - cases reheard under SSA 1998
C15/97(IB)
Failure to consider amended reg. 27 - no accrued rights - oral hearing advisable where there is significant dispute re descriptors
C24/97(IB)
Tribunal must assess claimant under amended regs. even where claim predates amendment - IB a daily benefit - no accrued rights
C28/97(IB)
Tribunal must give adequate reasons on all disputed descriptors and state why it accepts AO's or medical evidence
C32/00(IB)
Tribunal must record findings on all descriptors disputed

C4/01(IB)

No need to state reasons for every descriptor - observations sufficient to assess evidence at date of decision under appeal
C38/97(IB)
All male panel - error in law
C48/97(IB)
Adjournment - reconstituted tribunal failed to carry out total rehearing
C40/97(IB)
Inadequate findings etc.- tribunal only recorded scoring
C46/97(IB)
Guidelines on i) making adequate findings of fact and ii) tribunal dealing with issues before it
C51/97(IB)
Claimant drunk and disruptive - inadequate findings of fact recorded
C52/97(IB)
Claimant's incapacity for purposes of credits must be decided on review
C53/97(IB)
Error in law - failure to consider all symptoms
CSS/617/97
Hospital in-patient - free treatment must be throughout day
CSIB/324/97
Tribunal's duty re making all-work test decisions
CIB/3013/97
Record of proceedings incomprehensible
CS/632/97
Anti-test case rule - whether ECJ or CD was relevant determination
CIB/1820/97
Exempt work
C4/98(IB)
Tribunal should relate descriptors to pain suffered
C13/98(IB)
No error in failing to explain disagreement with dissenting member
C14/98(IB)
Whether disability seriously disrupts general daily activity is incorrect test - proper reasons required for dissenting member's decision
C15/98(IB)
'Reasonable regularity' test in assessing disability
C19/98(IB)
The score sheet is a collection of findings of fact (C36/98(IB) rejects this)
C24/98(IB)
Error in failing to hear evidence on Activities not put at issue in earlier stages of claim/review
C29/98(IB)
All disputed descriptors require findings of fact
C35/98(IB)
Tribunal entitled to use hindsight in deciding merits of AO's decision
C36/98(IB)
Points recorded on score sheet are conclusions, not findings of fact - C19/98 and C62/(IB) disapproved
C37/98(IB)
Guidelines on decision-making
C38/98(IB)
Conflict of evidence - general indication of evidence preferred required, with reasons for preference
C40/98(IB)
Where activity in issue tribunal should assess claimant's ability - not just say AO's decision justifiable
C49/98(IB)
Guidelines on giving adequate reasons
C50/98(IB)
Where descriptor at issue, reasons for awarding 0 points must be given - error in failing to record dissenting member's reasons
C58/98(IB)
Credibility of claimant - where doubt exists tribunal must give reasons for conclusion reached
C66/98(IB)
Postponement request not ruled on - incorrectly treated as adjournment reequest
C67/98(IB)
Failure to establish whether claimant an in-patient during period of hospital treatment - breach of inquisitorial duty
C73/98(IB)
Tribunal should elicit evidence from claimant or ask representative to question claimant in non-leading manner, or both
C77/98(IB)
Failure to attend a medical - notice of medical examination must be written
CIB/4563/98
Department misleading SSAC in amending regulations not ultra vires
R4/99(IB)
Tribunal entitled to assess evidence by ocular observations
R5/99(IB)
All work test - lead decision on adequacy of tribunal's reasons
C8/99(IB)
No diagnosis of life threatening disease - possibility remote - no error re findings
C9/99(IB)
Inadequate reasons and findings re reg. 27
C12/99(IB)
Analysis of terms 'determination' and 'decision'
C15/99(IB)
Failure to assess under AWT for period more than six months after not incapable determination
C16/99(IB)
Findings of fact and reasons - relevance of score sheet
C22/99(IB)
Change in functional capacity may be relevant change of circumstances - burden of proof for review on AO
C27/99(IB)
Error in awarding points for both walking and stairs cannot be corrected through procedure for accidental errors - only through appeal
C28/99(IB)
Failure to give proper reasons for rejecting medical report of EMP re DLA claim
C29/99(IB)
Failure to consider mental health descriptors in issue
C30/99(IB)
Failure to give adequate reasons re mental health descriptor

C12/01(IB)

Representative's statement that mental health not in issue correctly accepted although raised by claimant in papers
C46/99(IB)
Tribunal/AO failed to carry out review of earlier decision to treat claimant as incapable of work under reg. 10 CIB/4497/98
Reasons - summary decisions
C18/99(IB)
Where tribunal using observations as evidence comment on observations must be sought from claimant
C35/99(IB)
Extent of tribunal's power to correct accidental errors
C47/99(IB)
Inquisitorial function of tribunal - reg. 27 - tribunal erred in law
C58/99(IB)
Necessity to give reasons for a dissenting opinion
CS/4300/99
Linking rules - entitlement following entitlement to disability working allowance
CIB/5170/99
Transitional rules - need to consider entitlement - paper hearings and natural justice
C2/00(IB)
Adjournment request conditional on ambiguity in evidence - how tribunal should treat this
C5/00(IB)
Evidence on operation of reg. 27 - interpretation and application
C28/00(IB)
Tribunal must find facts relevant to issues before them - recommendations re setting out of such facts not a legal requirement
C32/00(IB)(T)
Tribunal must record findings on all disputed decisions
C9/00(IB) and C36/00(IB) (linked decisions)
Interpretation of reg. 17(1)(a) - therapeutic work. Interpretation of reg. 28 - repeat claims within six months
CIB/1723/00
Therapeutic work - calculation of hours - school ancillary workers
CIB/1031/00
Treated as incapable of work - repeat claim after deterioration - reg. 28
CIB/4563/98
Reg. 27 - incapacity for work - Sec. of State misleading SSAC re amending regs. - regs then validated
CIB/378/01
Capacity for work - need to consider previous assessments - supersession grounds
CIB/1972/00 and CIB/3667/00
Capacity for work - need to consider previous assessments
CIB/2338/00
Grounds for supersession - new medical report

CSIB/51/01

Supersession ground need not be specifically identified - it may be implicit - tribunal can correct defective supersession

CSIB/1268/00

Supersession - decision defective 'in substance' and uncorrectable by tribunal if no referral for supersession made

CIB/230/00

IB withdrawn due to payment of widow's benefit - overlapping benefit rules do not discriminate unlawfully

C13/01(IB)

Error - misunderstanding that claimant attributing disabilities to former whiplash injury adversely affected weighing of evidence
CIB/3937/00
Request for statement of reasons - time limit - when made

C5/01(IB)

Error in failing to consider adjournment pending production of relevant medical evidence although no specific application made at hearing

AWARDS

CS/221/94
Daily contract - no entitlement to SSP as contract terminated at end of day
CS/879/95
Date entitlement ceases
CSIB/13/96
Transitional awards - reviews - date of decision
CIB/14383/96
Adult dependant's increase - transitional award

EC LAW

CS/78/89
Application of social security schemes to employed and self-employed persons and members of their families moving within the EC - see C-215/90, CAO v Twomey
CS/111/89
Interpretation of Articles 2 and 3(1)a of EC Directive 79/7 - 'member of working population'
CS/27/91
Women and pensionable age - reduction of IVB to RP level for women at 60 not contrary to EC Directive 79/7
R(S)3/92
Entitlement to UK sickness benefit while absent from GB in another member state of the EEC
CS/51/94
Living abroad - worker
CIB/4243/99
Entitlement abroad - German sickness benefit counts as UK Incapacity Benefit

INCAPACITY (General)

No.194/58(SB)
Standard DHSS decision on appeal papers - signing on to protect insurance should not prejudice appeal
CS/118/86
Manner of doing odd jobs - not jobs themselves should be considered
CS/143/93
Invalidity benefit - absence abroad - whether incapable of work while on an Employment Training course
CIB/13161/96 and CSIB/13/96
Disablement impacting on more than one activity
CIB/13508/96 (R(IB)2/99)
All work test - intermittent illness
R(IB)2/99
All work test - fluctuating or intermittent condition
CIB/14587/96
Capacity to repeat task in work setting
C31/97(IB)
Incapable of work - application of amended reg. 27
C44/99(IB)
Correct approach to reg. 27
C49/97(IB)
Descriptor 14(e) - Interpretation and application of the 6-month period
CSIB/459/97
All work test - burden of proof
C18/98(IB)
'A severe uncontrolled or uncontrollable disease'
C31/98(IB)
Each activity governs the relevant descriptor - individual descriptors are degrees of impairment in performance of activity
C47/98(IB)
Incorrect interpretation of descriptor and a descriptor selected without evidence that it was appropriate
C60/98(IB)
All work test - ability for age a relevant consideration
C69/98(IB)
Tribunal failed to investigate whether domiciliary visit reasonably expected
C4/99(IB)
Credits only - claimant passed AWT - AO must establish grounds to review before decision can be changed
C25/99(IB)
Days as hospital in-patient are days of incapacity for work
CIB/4828/99
Physical disability - arising from mental disablement - specific bodily disease - hypertension
CIB/4406/00
Asthma and allergy symptoms - test applied in normal everyday environment - whether a suitable work environment is practically enforceable

C1/01(IB)(T)

Meaning of 'physical examination'

INCAPACITY (Physical Descriptors)

Walking on level ground
C27/99(IB)
Error in awarding points for both walking and stairs cannot be corrected through procedure for accidental errors - only through appeals

Stairs
C27/99(IB)
See 'walking on level ground'
CIB/15804/96
Walking up and down stairs

Sitting
CSIB/12/96
That prescribed chair was used for sitting must be stated - as must ability to straighten after bending
C18/99(IB)
Appeal allowed - sitting - occular observation
C34/99(IB)
Sitting - failure to describe type of chair not an error
CIB/4553/99
Sitting descriptors - if claimant agrees to proceed without representative this is not an error of law

Standing
C39/98(IB)
Incorrect legal tests applied for mental descriptors and standing

Rising
C26/99(IB)
Rising from sitting without help - no error

C1/01(IB)(T)

Meaning of 'cannot rise.....without holding on'

Bending and Kneeling
CIB/228/99
Bending and kneeling test not restricted to bending at waist or kneeling on floor
CIB/7347/99
Must have difficulty with both bending and kneeling

Manual Dexterity
C9/96(IB)
Picking up and pouring with either hand - cause of inability
CIB/16237/96
Cannot use a pencil or pen
C26/97(IB)
Manual dexterity

Lifting and Carrying
C33/98(IB)
Lifting and carrying 2.5 kilos potatoes - short distance (eg. fridge to table) required
CIB/483/01
'Carry' connotes movement from one place to another - handing something is not carrying it

Reaching

Speech

Hearing
CIB/590/98
Hearing loss - difficulty and reasonableness

Vision
C12/00(IB)
Activity of vision - no sustained reading ability to be imported into it

Continence
C11/96(IB)
Ileostomy bag wearer (upheld by James Perry v AO)
CSIB/38/96
Correct approach towards bladder incontinence
CIB/14332/96
All work test - incontinence (irritable bowel syndrome)
C18/97(IB)
Criteria for incontinence
C54/97(IB)
Loss of control of bladder
C48/98(IB)
'Loses control of bowels' - urgency must be extreme - night time faecal incontinence
C56/98(IB)
Incontinence can include urgency - inadequate findings of fact
R2/00(IB)
Consider effects of medication when assessing voluntary control - inadequate reasons re mental health
R7/99(IB)
Leakages from stress can amount to loss of control of the bladder
R8/99(IB)
Colostomy bag is not a prosthesis(CA overturned this decision in Perry v CAO(CARC 3069/99) - C11/96(IB) & CSIB/74/96 upheld)
C14/00(IB)
Mobility not relevant to continence
C33/00(IB)
Diet - test of reasonableness - general guidance on assessment of diet to control health problems

Remaining Conscious

C7/96(IB)

Altered consciousness - might cover very serious migraine
C30/98(IB)
Meaning of 'epileptic or similar seizures'
C6/00(IB)
Altered consciousness - tribunal entitled to find hypoglycaemic attacks come within definition of epileptic or similar seizure
C17/99(IB)
Consciousness - blackouts due to thyroid trouble do not qualify under 'remaining conscious' activity
C13/96(IB)
Definition of consciousness
C14/96(IB)
Altered consciousness does not cover unclear recollection of past events
C23/99(IB)
Tribunal should consider pattern of consciousness in deciding if there is a fit every month - not necessary to have a fit every calendar month
CIB/15231/96
Vertigo and 'altered consciousness' - fluctuating conditions

INCAPACITY (Mental Health Descriptors)

C79/98(IB)
Reasons - mental descriptors: 'impairs ability to communicate'
C32/99(IB)
Tribunal failed to deal adequately with mental health descriptors
C29/99(IB)
Failure to consider mental health descriptors in issue
C30/99(IB)
Failure to give adequate reasons re mental health descriptor
C25/97(IB)
Reg. 27 - accrued rights - mental health descriptors
C17/98(IB)
Dyslexia is not a mental disability
C39/98(IB)
Incorrect legal tests applied for mental descriptors and standing
R2/00(IB)
Continence and inadequate reasons re mental health
C55/99(IB)
definition of disinterest 17(e) mental health descriptors
R1/00(IB)
Needs alcohol before midday means 'requires' rather than 'desires'
C10/00(IB)
'Mental disablement' considered - side effects of medication not sufficient
C27/00(IB)
Guidance re mental health descriptors

CIB/2008/97

Mental health descriptors can be scored cumulatively

JURISDICTION

CIB/4833/98 & CSIB/257/99
Jurisdiction of Commissioners where no full statement of tribunal's decision
CIB/3586/99
Entitlement in USA - reciprocal agreement - scope for appeals
CIB/4243/99
Entitlement abroad - EEC 1408/71 - German sickness benefit counts as UK Incapacity Benefit

LATE CLAIMS

C1/97(IVB)
Good cause for late submission of IB questionnaire
CIB/4961/97
Failure to return questionnaire - application of time limits
CIB/3512/98
All work test - failure to return questionnaire - period of incapacity for work

MEDICAL EVIDENCE

Reg. v Sec. of State exparte Moules
Reg. 27 - Departmental doctor alone no longer to determine incapacity
CIB/14442/96
Failure to give proper consideration to medical evidence - tribunal's function is inquisitional
C1/97(IB)
Tribunal had no medical evidence to contradict evidence of medical referee
C16/97(IB)
No effort made to resolve conflict between medical findings and claimant's own doctor's certificate
C21/97(IB)
Relevant weight given to GP's and medical officer's report
C37/97(IB)
Incontinence - medical evidence v medical opinion
C43/98(IB)
Tribunal's inquisitorial requirement to consider all evidence in claimant's favour in determining entitlement to benefit
C63/98(IB)
When tribunal put on notice of deep depression, psychiatric evidence should be sought
C64/98
Conflict of evidence - tribunal should indicate which piece they prefer and why
C80/98(IB)
Tribunal must make findings on activity about which there was evidence to suggest was at issue although claimant did not raise that activity
R2/99(IB)
Findings required as to whether mental disablement exists and what it is - mental points cannot be awarded for physical illnesses
C24/99(IB)
Medical evidence not required to contradict recording of claimant's statement to EMO re mental condition
CIB/1171/99
Illegibility of medical report
CIB/4090/99
Sheltered work and earnings
C23/00(IB)
Mental health - inadequate reasons - EMO's report was ambiguous
CIB/5586/99
Weighing of evidence

C1/01(IB)(T)

DLA Branch under no duty to forward evidence

MEDICAL EXAMINATION

C10/97(IB)
Failure to attend medical examination
C6/98(IB) What constitutes good cause for failure to attend medical examination
C11/00(IB)
Failure to attend - onus on DM to show that notification was issued
C52/98(IB)
Failure to return questionnaire - held capable of work - no entitlement to benefit of the doubt
C48/99(IB)
Error in assessing evidence re failure to attend medical without good cause
CIB/4118/98
Good cause for failure to attend medical - Department must prove notice was sent
CIB/111/98
Failure to attend a medical where medical had been cancelled

NATURAL JUSTICE

C6/88(IVB)
Witholding medical report as being harmful to claimant's health - reg. 9 Adjudication Regs. (NI) 1987
CS/176/90
Always open to tribunal to see documents from earlier hearing - tribunal's use of specialised knowledge
C22/98(IB)
Decision should explicitly or by clear implication explain why claim did not succeed
C1/99(IB)
Failure to grant adjournment when claimant unable to attend due to ill-health - credits only case - claimant treated as incapable of work till assessment
C22/00(IB)
Failure to attend tribunal - GP's express advice that client unfit sufficient to lead to breach of natural justice
C21/99(IB)
Postponement request not put before tribunal - AO did not refer to previous all work tests
C43/99(IB)
Tribunal's findings of fact overturned as unsustainable - disclosure of material facts
CIB/5227/99
Claimant not receiving clerk's direction on oral hearing
CIB/303/99
Claimant not receiving notice of hearing date - setaside provisions not a replacement for right of appeal
CIB/4533/99
Failure to attend notified hearing not a breach of natural justice nor is failure to notify representative

OVERPAYMENTS

CS/102/93
Signing statement in order book - representation of law rather than fact
CS/7934/95
Councillors' Allowances - whether earnings
C43/99(IB)
Tribunal's findings of fact overturned as unsustainable - disclosure of material facts

TREATMENT ABROAD

R(S)1/90
Temporary absence abroad for medical treatment

This index was maintained and updated by Pat Miskimmin. Cases selected by Patricia Carty and Karen Campbell.

[Last updated on 26/02/02]

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Last Modified: 16 July 2008