Decision Summary Information

Neutral Citation Number:
Reported Number:
File Number:	CIB 2821 2004
Appellant:
Respondent:
Judge/Commissioner:	Other Judges / Other Commissioners/Deputy Commissioners
Date Of Decision:	24/03/2005
Date Added:	23/05/2005
Main Category:	Incapacity benefits
Main Subcategory:	mental health descriptors
Secondary Category:	Incapacity benefits
Secondary Subcategory:	activity 8: lifting and carrying
Notes:	The amendment to the mental health descriptor 15(c) made from 6.1.97 was ultra vires. The Commissioner applied Howker v. Secretary of State for Work and Pensions (reported as R(IB) 3/03) and CIB 884 2003. The amendment had added the words 'or television [programme]'. The unamended text should be applied on a re-hearing of the appeal. The amendment to the text of the activity of 'liftying and carrying' made from 6.1.97 was not ultra vires as it did not bring about any alteration in the law.
Decision(s) to Download:	CIB 2821 2004-00.doc