the dwp has published new post howker guidance .... specifically relates to jacobs decision in CIB/0884/2003 and activity 14 - 'Remaining conscious other than for normal periods of sleep'

for more info see Post - Howker guidance from the DWP: Remaining conscious other than for normal periods of sleep

Shawn, the guidance talks of another CD in respect of Activity 3 "sitting" any link available

not sure which one it is (or if its yet published?) ... can't seem to find it anywhere?

the only lead i can find is that chris orr mentions activity 3 in a howker related thread @ http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=111&topic_id=205&mesg_id=&page=&mode=full#286

"What has been happening at the tribunals? Some were adjourned to allow the department to make a response. We now have some of these responses and they are all the same.

I quote ...

the tribunal has to decide whether the description of the potential effect of the amendment to Activity 3 of the Schedule as neutral was an accurate description of its effect. If it is not and its effect is potentially adverse to claimants it is covered by the reasoning in "Howker". I further submit if the tribunal does decide that the amendments to the 1995 regulations made by SI.1996/3207 are ultra vires the verson of any particular activity reverts back to the 1995 version"

had an email from erika @ citizens advice .... the cd is cib/1239/2004

erika is to fax it to us and we'll endeavour to publish here before the end of the day

thanks very much to erika @ citizens advice, CIB/1239/2004 is now available on rightsnet.

The related DMG memo has now been published

http://www.dwp.gov.uk/publications/dwp/dmg/memletrs/m03-12-4.asp