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Clinicians appointed by the DSS removal of regulation 27, which provides vital safeguarding to those whose mental and/or physical health is ‘substantial risk’ if found fit to work.

What: In November 1996 Dr Sawney added weight to the removal of vital safeguarding for claimants at risk (to their mental/physical health)if required to undertake work as a result of not scoring sufficient ‘point in the scoring of the functional part of the ‘All Work Tests’) from 1995 onwards. 

Why significant: It shows clinicians were complicit in trying to neutralise the need for exceptions to be made where a claimant scores insufficient points on the functional assessment but are deemed to be at ‘substantial risk’ (to mental or physical health) if subjected to work.  Under the All Work Test/Personal Capability Assessment the exceptions were less commonly applied because the ‘points threshold’ was a more accurate assessment of a claimant’s personal capability.  Importantly, this came from the views of clinicians who have a duty of care to those wrongly put at risk.


Decision of Social Security and Child Support Commissioner | [2005] UKSSCSC CSIB_148_2005 | UK Social Security and Child Support Commissioner | Judgment | Law | CaseMine
Howker v. Secretary of State for Work and Pensions [2002] UKSSCSC CIB_4563_1998 (08 November 2002) (