We now know that the change to Severe mental illness was legal so howker doesn't apply anymore CSIB/169/05. The physical descriptors and Reg 27 are still fair game were case CDs havent been decided already.
Does any one know if the Howker principle Still applys when argueing the Mental health descriptors.i.e. did the SSAC have sight and approve the changes or were the SSAC bypassed in the same way as Howker.

Off the top of my head, descriptor 15(c) used to say "Cannot concentrate to read a magazine article or follow a radio programme".

No reference to watching a TV programme. I've successfully argued at tribunal, using Howker, that the new version is ultra vires.

In CIB/2821/2004 Deputy Commissioner Gamble does hold that the 1997 amendment to mental health descriptor 15(c) was ultra vires.

A summary of CIB/2821/2004 is available in the briefcase area of rightsnet together with a link to the full decision itself (available via the osscsc.gov.uk website).

Thankyou for that it had all got a little fuzzy, the help has cleared the fog