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Incapacity Benefit Index
Commissioners' Decisions listed have been selected as being of particular assistance for tribunal representation
For information on accessing the decisions listed below, please consult the guide to searching for decisions on the Resources page.
Index
<>INCAPACITY (Physical Descriptors)
Walking on level ground
Stairs
Sitting
Standing
Rising
Bending and Kneeling
Manual Dexterity
Lifting and carrying
Reaching
Speech
Hearing
Vision
Continence
Remaining Conscious
INCAPACITY (Mental Health Descriptors)
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
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
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
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
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
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
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
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
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
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
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
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
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]
