I've only used this part of Reg. 27 once before some years ago, and I've now got another appeal where I think it might be applicable, and would appreciate others views.

My client had cancer last year, and underwent chemotherapy. The technical details are a bit vague I'm afraid, but the gist of it is that it was treated but not cured and it will come back, it is just a question of when. For now, he gets tired quite easily which is due in part to the treatment he had, and in part to the illness itself. This would make full time work diffiuclt, though having carefully gone through the PCA with him he doesn't score 15 points even taking into account 'reasonably regularity'.

I am thinking along the lines that if his illness is neither curable, nor treatable to the extent of removing the threat to his life, it is therefore uncontrolled and uncontrollable. This approach is advocated in CIB/155/2004.

Does anyone know of any other relevent caselaw, or have expereince of using this part of Reg. 27 in similar circumstances?

Thanks

Sara