An Incapacity Benefit Appeal refused to take into account memory loss and lack of concentration caused by brain damage following Meningitis as being issues to be considered in the mental health desciptors of the Personal Capability Assessment as they were of a physical nature/causation i.e. meningitis.

Mr. Commissioner Powell in his decision sent to me today agreed that this stance of the tribunal amounted to an error in point of law. He asserted the premise that such symptoms, whether of a physical causation, will fall to be taken accont of in the mental health descriptors of the Personal Capability Assessment. He relied on the decision of Mr. Commissioner Jacob in CIB/3063/1999 as authority. That decision dealt with a similar issue issue under the All Work Test.

Thank you.

I have been trying to locate this helpful commissioner's decision as am hoping to rely on it at appeal next week. I have looked for the decision from Commissioner Jacobs CIB/3063/1999 but have been unable to locate it anywhere either. I was hoping that somebody may be able to help me locate this decision. Any help would be gratefully received!

Lucy Shakespeare
Reading Welfare Rights unit

CIB/3063/1999 is now available on rightsnet.