The question for determination by the tribunal was whether the claimant was able to satisfy the ‘All Work Test’ i.e. to show that he was incapable of all work. In order to succeed, he had to qualify for 15 points, as provided for in the Schedule to the 1995 Regulations. The adjudication officer had not … Continue reading (Un-named) (Incapacity Benefit): SSCS 1997
Absence of the earlier all work test/personal capability assessment documentation Citations: [2004] UKSSCSC CIB – 2767 – 2004 Links: Bailii Statutes: ocial Security (Incapacity for Work) (General) Regulations 1995 Benefits Updated: 28 June 2022; Ref: scu.221657
This appeal concerns the interpretation of a regulation designed to identify the circumstances in which a benefit claimant may be treated as incapable of work on the grounds that he would be a substantial risk to his own or another’s health, were he found capable of work. Pill LJ, Lloyd LJ, Moses LJ [2009] EWCA … Continue reading Charlton v Secretary of State for Work and Pensions: CA 6 Feb 2009
