The Social Security and Child Support Commissioners
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
SOCIAL SECURITY ADMINISTRATION ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"(3) In determining a person's score in respect of descriptors specified in Part 1 where more than one descriptor specified for any activity applies to him, only one descriptor shall be counted and that shall be the descriptor with the highest score in respect of each activity which applies to him."
"I cannot honestly recall but since these are contemporaneous notes I feel that the patient must have said this. In any event and in addition at the training sessions it was stressed to work from the bottom up and tick first appropriate descriptor."
"I submit that in adopting a system of scoring descriptors from the "bottom up" the EMO is operating a system that is not compatible with regulation 26(3) of the Social Security (Incapacity for Work)(General) Regulations 1995. This approach constitutes an error in law."
He makes the point that in the instant case (and no doubt in others) adopting a "bottom up" approach can directly affect the total number of points a claimant could score in the all work test.
P L Howell
20 May 1998