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Top Incapacity related benefits topic #4763

Subject: "The meaning of "sometimes"" First topic | Last topic
jmca
                              

Tribunal rep, Newtownabbey CAB, Northern Ireland
Member since
24th Jun 2005

The meaning of "sometimes"
Mon 18-Jan-10 08:31 AM

I have frequently argued that in those discriptors with a sometimes score that "sometimes" can have only it's dictionary definition this has generally been accepted but I have now been asked to provide authority for this view. I seem to remember that there was a previous thread on this subject but have been unable to trace. Any guidance gratefully accepted.

  

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Replies to this topic
RE: The meaning of , clairehodgson, 18th Jan 2010, #1
RE: The meaning of , ros.white, 18th Jan 2010, #2

clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: The meaning of
Mon 18-Jan-10 08:46 AM

standard statutory etc. interpretation - any word should be given it's dictionary definition unless the context otherwise requires, and in that context, the context cannot othrwise require.... if dictionary definition results in something not making sense, that's a whole other ball game of course. but what other definition of "sometimes" could there be?

  

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ros.white
                              

writer/editor, rightsnet
Member since
16th Nov 2009

RE: The meaning of
Mon 18-Jan-10 09:51 AM

Mon 18-Jan-10 09:51 AM by ros.white

Hi.

See CI/95(IB) where northern irish commissioner is looking at concept of 'reasonable regularity' for non 'sometimes' descriptors. He says that someone should satisfy those descriptors if they are unable to carry out the activity most of the time and that -

'I consider ... that this approach is broadly supported by the inclusion in a small number of descriptors of the word 'sometimes'. The effect of the inclusion of this word is that, whereas in most cases a claimant who could perform the activity 'most of the time' but who sometimes was unable to do so , would normally not score any points, where these few descriptors are concerned he qualifies for a modest score.'

  

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Top Incapacity related benefits topic #4763First topic | Last topic