Wed 24-Mar-10 10:39 AM by ros.white
hi- i think it is very strongly arguable that the tribunal has misinterpreted descriptor 18 a by ignoring the concept of 'reasonable regularity' which applies to the wca in the same way it did to the pca (CI/95(IB) and CSIB/17/96). if your client can only go out occasionally, after dark, i think it would be right to say that, over all, she can't do it.
this view is supported by the commentary to sch2 to the ESA regs on p1142 of the vol 1 of the sweet and maxwell soc sec legislation (bonner).
i'd be inclined to appeal to upper tribunal on that point. might get set aside by tribunals service before it gets there.
cheers ros
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