Following the judgment in Howker (RIB)3/03 and Commissioner Jacobs decision in R(IB)3/04, it is possible to argue that several of the PCA descriptors need to be considered in their original 1995 form, and that the 1996 amending regeulations which refer to 'any aid or appliance which he normally wears or uses' was 'ultra vires'.
In R(IB)3/04, Commissioner Jacobs held that -
'Tribunals dealing with cases involving those amendments will have to decide whether they are covered by the reasoning in Howker … (as) all those amendments were described to the Social Security Advisory Committee as "neutral" in their potential effects on claimants. The issue for tribunals will be whether that was an accurate description ...'
Whilst the original 1995 regulations refer to some aids being taken into account in the case of certain descriptors, including with respect to walking, the use of a walking stick or other aid if normally used, with respect to standing, the only aid mentioned was a walking stick.
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