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Disability benefits

Incapacity and 'substantial risk'

Issue 200 (October 2007)
Simon Osborne looks at various approaches to applying the ‘substantial risk’ provision that is part of the test for incapacity for work.

Mentally ill or mentally well?

Issue 195 (December 2006)
Judith Hodson, of Rochdale Council Advice Service, provides a summary of social security commissioners' decisions regarding mental health and incapacity.

Encouraging thoughts

Issue 195 (December 2006)
Stewart Wright reports on the recent Tribunal of Commissioners' decision - CSDLA/133/2005 - which considered whether thinking is a bodily function and whether prompting and motivating can count as attention for AA and DLA purposes.

Employment and support allowance – a forthcoming attraction?

Issue 193 (August 2006)
The Welfare Reform Bill was published on 4 July 2006. Amongst its foremost provisions are the basic rules concerning the employment and support allowance, which is expected to replace incapacity benefit and income support for incapacity from 2008. Drawing on the Bill and its predecessor, the Green Paper, Simon Osborne describes the main provisions and identifies some of the issues arising.

Thinking is a function of the body

Issue 193 (August 2006)
A recent commissioner's decision has accepted that 'thinking' is a bodily function for the purposes of disability living allowance. Stewart Wright considers the decision and the case law which preceded it.

MPs' verdict on incapacity benefit reform

Issue 192 (June 2006)
David Simmons outlines the findings of the Work and Pensions Select Committee inquiry into the Government's proposed reform of incapacity benefits.

Exporting AA, CA and DLA to other EEA member states

Issue 191 (April 2006)
Pamela Fitzpatrick describes provisions on exporting certain benefits relating to disability within the EEA.