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 been prepared to award any points, but although on appeal the tribunal accepted that the claimant scored 14 points, this was not enough to satisfy the All Work Test, with the result that the claimant could not be regarded as incapable of work.
Citations:
[1997] UKSSCSC CIB – 14587 – 1996
Links:
Statutes:
Social Security (Incapacity for Work) (General) Regulations 1995
Jurisdiction:
England and Wales
Benefits
Updated: 15 July 2022; Ref: scu.269021
