Forgive me, I'm feeling particularly dense this morning.

Specificaly I'm asking about reg 28(2)(b) which provides that a claimant should not be treated as satisfying the PCA where it has been "determined" that he is capable of work within the last 6 months. Where there has been an unsuccessful appeal against a PCA decision, where does the clock start ticking for the 6 month period? Is it the date of original decision, or the date of the appeal?

Ta.

Surely it's the original decision - tribunal stand in shoes of that decision maker and either revise or confirm it and cannot take any circumstances not obtaining at time of it into account.

Yep, you're right. I've finally got my brain into gear and worked it out!

Cheers.

I think it's unreasonable to expect anyone's brain to be in gear on a Friday.

... particularly considering I wrote decision when as you say it's a dtermination and a tribunal can only revise or confirm a decision about incapacity benefit or credits on the basis of that determination and not alter the determination itself.

I think. Apathy rules - who cares?