I'm not aware of any specific Commissioner decisions on this issue but Paragraph 20466 of the DWP Decision Makers Guide says:
"Treat people as not in remunerative work where they are 1. mentally or physically disabled and 2. as a result of that disability 2.1 earn 75 per cent or less of what a person without that disability working the same number of hours would reasonably be expected to earn or 2.2 work 75 per cent or less of the hours that a person without that disability could reasonably be expected to do in the same work or in a similar job in the area1. 1 JSA Regs, reg 53(h); IS (Gen) Regs, reg 6(4)(a) 20467 The person's own evidence of reduced earnings or hours should normally be accepted. If necessary obtain further evidence for comparison purposes. This may include information from private employment agencies, social services departments or charities for the disabled."
|