"Incapacity for work and 'substantial risk' to health if found capable of work" Court of Appeal Judgement

2 replies [Last post]

Sat, 07/02/2009 - 12:57pm

John

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Joined: 09/03/2008

"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.

The evaluation of the risk has proved to be a source of some controversy between Commissioners who have had to consider Regulation 27(b) of the Social Security (Incapacity for Work) (General) Regulations 1995 (SI 1995/311) ("the 1995 Regulations")."

Click here to read the full judgement of Charlton v Secretary of State for Work & Pensions 6th February 2009 case C3/2008/0011 Neutral Citation Number :[2009] EWCA Civ 42.

Sat, 07/02/2009 - 4:12pm

anonymous (not verified)

Welfare Reform Links

http://www.dwp.gov.uk/welfarereform/pca.asp

The link below is for the Personal Capability Assessment (PCA) this has been replaced for Employment & Support Allowance by the Work Capability Assessment (WCA)

http://www.tameside.gov.uk/benefits/capabilityassessment

Wed, 25/03/2009 - 7:04pm

John

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Last seen: 10 hours 25 min ago

Joined: 09/03/2008

Advisory Published Incapacity & Substantial risk and work

Government has published on the Department for Work and Pensions an advisory on "Incapacity for work and "substantial risk" if found capable of work.

Click here for the document.

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"Incapacity for work and 'substantial risk' to health if found capable of work" Court of Appeal Judgement

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