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This is an appeal, brought by the claimant with the leave of Mr Sanders, against a decision of the Coventry social security appeal tribunal dated 29 January 1996, whereby they dismissed her appeal against a decision of an adjudication officer to the effect that she was not entitled to incapacity benefit from 25 July 1995. Before us, the claimant was represented by Mr Simon Cox of counsel, instructed by the Child Poverty Action Group, and the adjudication officer was represented by Ms Natalie Lieven of counsel, instructed by the Solicitor to the Departments of Social Security and Health.
The present case is one of three appeals we heard together, the others being on files CIB/13466/96 and CIB/944/97 . In each case, the claimant suffers from a condition causing greater disability on some days than on others. The question that arises is whether the claimant is incapable of work under the "all work test" introduced under the Social Security (Incapacity for Work) Act 1994 on days on which, if the days were viewed in isolation, he or she might not in fact satisfy that test.
Incapacity for work is assessed in accordance with Part XIIA of the Social Security Contributions and Benefits Act 1992, as amended by the 1994 Act, and the Social Security (Incapacity for Work) (General) Regulations 1995.
The "all work test" does not apply to all claimants who claim to be incapable of work. By regulations 10 to 15 of the 1995 Regulations, certain people are automatically treated as being incapable of work. By section 171B of the 1992 Act, those who have been employed fairly recently are subject to the "own occupation test" with which we are not concerned. But section 171C provides that incapacity for work in other cases is to be established by applying the "all work test" and that was the test applicable to the claimant in the present case.
"The all work test is a test of the extent of a person's incapacity, by reasons of some specific disease or bodily or mental disablement, to perform the activities prescribed in the Schedule."
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