Looking for 2 Cases

anybody know where I can find

1 CIB/1031/2000

2 CIB/1959/1997

Thanks in advance

Full text of CIB/1031/2000 is on our Social Security Law Cd-Rom

Unreported decisions only go back to 96 I’m afraid although full text reported decisions go back to the early 70s There’s an enormous amount of other stuff by way of legislation, guidance and commentary from 87 on.

It’s about to be re-released as an archive copy for £35 single, £95 networked for departmental usage.

CIB/1031/2000 is also @

http://www.osscsc.gov.uk/Aspx/view.aspx?id=86

Thanks Gentleman. Gareth where does one get the CD from

bryan(dot)rylands@b48s(dot)org(dot)uk

Sorry Bryan

For some reason I was looking for a 1959 case not a 1997 one.  We don’t have that one on the CD-Rom but a search of the disk shows that it’s referred to in CIB/245/2009, where it says

“I am not sure that the Secretary of State is right about that. I think that the Claimant may have been entitled to succeed if either he satisfied the reg. 28 conditions, or if he actually satisfied (or was entitled on other grounds (e.g. those in reg. 27) to be treated as satisfying) the personal capability assessment. The most relevant Commissioner’s decision is perhaps that of Mr Commissioner Jacobs in CIB/1959/1997 and CIB/2198/1997. He there held that reg. 28 did not apply on the facts of that case because it applies only until the claimant has been “assessed”, and on the facts of that case “the claimant was immediately assessed”. That depended on his view (see para. 28 of that decision) that “assess” refers to “the preliminary stage of gathering the evidence on which the adjudication officer’s determination is based.” I am not sure about that. I doubt whether any “assessment” took place in the present case until the decision maker’s decision on 4 June 2008. Mr Commissioner Jacobs also said in that decision (para. 30) that the claimant there could not satisfy the condition in reg. 28(2)(b)(ii) that “a disease or bodily or mental disablement which he was suffering from at the time of [the previous] determination has significantly worsened”, because “a claimant’s disablement has significantly worsened only if it is proved to have worsened to the extent that it is fair to assume that the claimant would satisfy the all work test if subjected to it.” Again, I am not sure about that. I doubt whether the question of “significant worsening” requires that a judgment be made as to whether the personal capability assessment might be satisfied.”

Continuing the advert.  Details of the CD-Rom Archive can be obtained from info(at)ferret.co.uk .

Many Thanks. Have found them both and will be in contact ferret, I mean Gareth

Cheers