I have found the reklevant regulation under the 1995 Incap for Work (General) regs. The bit that says:

(b) he suffers from...there would be a substantioa risk to the mental or physical health of any person if he were found capable of work...

Can anyone please remind me why, if it indeed has, become authority again. I seem to remember an ultra vires issue that brought it back as authority but am not sure. Can anyone help please I hope to use it at an appeal this afternoon and would lke to be prepared for the question. thank you all so much.

Court of Appeal in Howker v SofS held the amendment that removed the relevant words was ultra vires.

Howker is at http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/1623.html&query=howker&method=all

Thank you so much. What a useful medium this is.

Hi Paddy,

there's a bit more info about reg 27 on this thread

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=111&topic_id=156&mesg_id=156&page=5

jim