[2003] UKSSCSC CIB_2397_2002 (11 April 2003)
CIB/2397/2002
13(2) A person referred to in [regulation 13(1)] shall be treated as incapable of work on any day on which he is engaged in that treatment.
Regulation 13(1)(a) refers to a person receiving:
13(1)(a) regular weekly treatment by way of haemodialysis for chronic renal failure or peritoneal dialysis for chronic renal failure.
Regulation 13(3) provides that:
13(3) A person who works during any week in which [she] receives treatment referred to in [regulation 13(1)] shall be treated as capable of work for the purposes of regulation 16 only on the actual day or days on which she works in that week.
Regulation 16 is about treating as capable of work people who actually work although they have been treated as or found to be incapable of work. It has no relevance in the present case, as the claimant does not in fact work.
"[it] was quite clear that it applied to a person who was actually working. None of the regulations dealt with a situation where a person was not working and then had to undergo treatment".
(a) …
(b) whether a person is to be treated as incapable of work under any of regulations 10, 11 to 14.
H. Levenson
Commissioner