Posted by jogallag of Mid-Derbyshire CAB on 05-Jan-04 at 02:06 PM

NB - post copied across from old forum

I was wondering whether commissioner's decisions for incapacity benefit decisions can be usefully referred to in DLA appeals?
I am thinking of the notion of the "broad approach" for variable conditions (R(IB) 2/99) and whether this can be persuasive in variable conditions for DLA?

Thanks for your help.


Response - "R(A) 2/74"
Posted by Tim_Samuel of Herts County Council - Money Advice Unit on 05-Jan-04 at 04:13 PM

Don't know if this is what you are after but part of the reasoning for the decision in R(IB)2/99 was the attendance allowance decision R(A)2/74. See paragrpaphs 12, 13 and 15 of R(IB) 2/99


Response - Posted by mike123 of Welfare Rights - Kings Lynn & West Norfolk Borough Council on 06-Jan-04 at 09:39 AM

I have used IB Comm decisions in DLA cases (and vica versa) in the past with no problems. They are particularly helpful with the Mobility component in both benefits, and where a Commissioner has set out in general terms his reasons for accepting or not accepting GP/EMP medical reports etc.
There was one that was particularly useful (I think Comm Mesher?) which discussed the principle of "Reasonable regularity", or the dangers of making decisions based upon a "snapshot" view. Regrettably, I cannot recall the number: no doubt someone will......