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Neutral Citation Number:
Reported Number:	R(IB)1/00
File Number:	CIB 4961 1997
Appellant:
Respondent:
Judge/Commissioner:	Judge E. Jacobs
Date Of Decision:	23/09/1999
Date Added:	21/06/2002
Main Category:	Incapacity benefits
Main Subcategory:	awt/pca: general
Secondary Category:
Secondary Subcategory:
Notes:	All work test questionnaire - failure to provide information - whether in deciding at least four weeks have elapsed between the issue of the first and second request for information, the day of issue is to be included in the period - burden of proof on the adjudication officer to show the conditions on which regulation 7 depended were satisfied The first self-assessment questionnaire was issued to the claimant on 17 October 1996 (day 1). The second questionnaire was issued on 14 November 1996 (day 29). On the 29 November 1996 (day 44) the adjudication officer, and on appeal a tribunal, decided the claimant was no longer entitled to incapacity benefit as pursuant to regulation 7(1) of the Social Security (Incapacity for work)(General) Regulations 1995 at least six weeks had elapsed since the first request, at least four weeks had elapsed between the issue of the first request and second request, and a further two weeks had elapsed after the second request. Held, allowing the appeal, that: 1. for the purpose of regulation 7(b) four clear weeks must elapse between the date of issue of the first request, and the date of issue of the second request. In determining whether that period has elapsed the dates of issue of the requests are to be excluded so that the period begins after the day of issue of the first request, and ends the day before the second request is issued; 2. the burden was on the adjudicating officer to show the conditions on which regulation 7 depended were satisfied, and computer records might record the day a letter was generated rather than issued. The tribunal failed to determine on the balance of probabilities, on the basis of evidence, the day on which the request was posted.
Decision(s) to Download:	IB1_00.doc