Incapacity Benefit is called that because it's paid to folk who are incapacitated. Unfortunately, there doesn't seem to be a link to IB in the HB/CTB Regs and the word isn't defined in the latter. So:
Chambers: 'incapacitate': 'to disable, to make unfit (for)'. Therefore, the past participle 'incapacitated' means 'disabled, made unfit' (for work, in this instance).
And 'incapacity': 'lack of capacity, inability, disability' - such as inability to work, for example.
Ordinary meaning of words does the business on its own, I think.
However ... just to rub it in, refer the silly devils to their own guidance manual - Chapter C2 (on capital), Annex A (definitions). Para 2.01 says it would be 'reasonable to conclude' that a person is incapacitated if receiving Incapacity Benefit. It seems to me, therefore, especially as the chap is receiving long-term IB, that it would be unreasonable to conclude that he isn't incapacitated.
Jim
|