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Top Incapacity related benefits topic #5129

Subject: "Bending OR Kneeling" First topic | Last topic
Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

Bending OR Kneeling
Thu 06-May-10 12:22 PM

Remember that? I wasn't even in this trade when they amended it but I'll bet a few of you were.

What I'm hoping to check is whether the amendment was inspired by a Comm's decision and if so which one. It might be handy for an ESA sub I'm drafting.

Anyone who's read the decision in CE/2373/2009 will note that the SoS attempted to argue that "fear or anxiety" was a convergent test, I intent to argue it is not; the OR being rather important...

I've checked the '96&7 Bonners but there's no mention so it's down to asking all you who were working as opposed to hitching around the grimier bits of Europe at the time to give us a hint. I don't fancy trawling every last IB decision in the toolkit and having had a quick shuftie there is scant info pre the 97 amendments.

We might have a copy lying in a dusty corner if nobody else has but a fax/scan would be appreciated if poss.

As usual, answers on a postcard please (remember those?)

D

  

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Replies to this topic
RE: Bending OR Kneeling, chris orr, 06th May 2010, #1
RE: Bending OR Kneeling, Dan_manville, 06th May 2010, #2

chris orr
                              

welfare rights officer, appeals team, social work department, glasgow
Member since
02nd Feb 2004

RE: Bending OR Kneeling
Thu 06-May-10 12:54 PM

Try CSIB 279/05

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: Bending OR Kneeling
Thu 06-May-10 01:19 PM

Thu 06-May-10 01:21 PM by Dan_manville

Cheers Chris.

It's not qute explicit but the spirit's there... worth a citation methinks.

Since I posted I've checked DRB, CPAG & LAG but there's no mention.

  

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