Woman awarded Incap Benefit at Court of Appeal.

Dave wrote:

Derek4 wrote:

She was on my local BBC news, presumably because she's in my region, and from what I remember (I wasn't paying much attention to it) the BBC report was unbiased and gave an opportunity for an organisation that represents people with allergies to put forward their views on the case.

I honestly don't think we can make judgements on whether somebody is entitled to benefits from brief information that you hear from a court case, without knowing the full effects of the allergy on the person.

I'm sure many people with one of my conditions work and would wonder why I'm not working or meet ESA criteria, but unless it's an ATOS HCP, I won't tell them.

Ultimately, even people who have the same conditions on paper are in different personal circumstances.

your right we dont know the full facts, but the main ones we do know she has never had an emergency and lives a relatively normal life

many people I suspect on here are regulars visitors to A&E and spend a lot of time in bed very sick \but cant get benefit

i think the laws an ass in this case I dont think we have heard the last of it I suspect the DWP will appeal or move the goal posts

Sorry Dave, but not having an emergency is completely irrelevant to your entitlement to IB, and living a relatively normal life was not a fact but an argument put forward by the barrister representing the DWP, that appears to be dismissed by the Court of Appeal, who heard all the evidence and could make a judgement.

The fact that people who are entitled to benefits do not receive them does not mean that people who appear to be less entitled to benefits, but may still be entitled, should not get them.

I don't believe that 1 in 100 people have this allergy to the same degree. I've never known anyone who knows of anybody who has it. But if the DWP think that 1 in 100 people have it and that it will set a precedence you may well be right that it will be taken to the Supreme Court.

the idea that someone with an allergy to rubber could manage by wearing protective gloves is an argument involving a type of reasoning I would be hard pushed to expect to hear from a beetroot. also the fact that this will almost certainly stir up more resentment is not the fault of the women in question but of course the usual shameless usual suspects who probably made the whole thing up to serve just such a purpose.

especially if the gloves are made of rubber.

anon22 wrote:

the idea that someone with an allergy to rubber could manage by wearing protective gloves is an argument involving a type of reasoning I would be hard pushed to expect to hear from a beetroot. also the fact that this will almost certainly stir up more resentment is not the fault of the women in question but of course the usual shameless usual suspects who probably made the whole thing up to serve just such a purpose.

the type of reasoning that she can manage with gloves is a better argument than one being put forward now, that people can manage in a wheel chair thats only there in the mind of a DM at the DWP


I agree that living a normal life was an argument put foward by the DWP ... but its for a change not a bad argument ...


I cant think of one other case in three years where I have thought the DWP had a case, and I would rather be a beetroot than a sheep that agrees just for the sake of it that everyone who takes the DWP to tribunal or court has a right to a benefit

at the end of the day she has won and we will now all see if the DWP are good losers and how they take it

Hi, In this paticular case the Judges ruled it would be "Too Dangerous" for her to take any job in case she had a deadly reaction. ( The Judges would have heard all the medical details in this case). I know it is like many health /disabilities that they affect people in different ways, Best Wishes

Benefits for life? Where have I heard that before?

I can remember pre-1999 when some DLA claimants had awards for life, subsequently changed to indefinite awards by the Blair government, and now former DLA life awards are to be frequently reviewed under the proposed introduction of the Personal Independence Payment, if indeed there is any entitlement to that allowance for the former DLA life award claimants?

In any event, Mrs Cattrell may not qualify for ESA when she is transferred from IB, unless she qualifies on the exceptional circumstances provision under Regulation 29, and furthermore, the DWP may as previously mentioned, still appeal the Court of Appeal's decision to the Supreme Court?