Is an own occupation the last job you did or the job you have always done.

I have an appeal re failure to meet the personal capability assessment. The man is an HGV driver and has been for the past 20 years. He worked for Tesco as an HGV driver but was made redundant. He started a new job as an HGV driver but some 5 weeks later went off sick due to mental health problems. DWP immediately applied the PCA.

Social Security (Incapacity for Work) (General) Regulations 1995 states "one occupation comprises either - all work of the same kind, whether or not is is for the same employer and whether a persona is employed or self-employed; or

all work for the same employer

Am I right in thinking the own occupation test should have applied or am I missing something. Many thanks in anticipation of any help given.

surely own ocupation test for a HGV driver is HGV driver, (or, arguably, driver generally!) irrespective of who the employer is.

so similarly, own occuaption test for a welf would be welf, for a solicitor would be a solicitor...

identity of employer irrelevant, job is.

So long as he didn't have a period of unemployment between working for Tescos and starting the new job which means that in total he worked as a driver for less than 8 out of the 21 weeks prior to the start of his period of incapacity for work. Your original post doesn't exclude this although it suggests it wasn't the case.