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Incapacity Handbook
21.1 Delegates must use Defcare Incapacity Calculator
- 21.1.2 Delegate retains responsibility for correctness of the decision
External
However remember that you are the Delegate, and it is you, not the computer who will be signing the determination!
The Calculator result is only a guide, (albeit a very powerful and complete guide) and you are not legally obliged to accept the Defcare result. It is possible to reject the Calculator result and determine another if you are not satisfied with the Calculator result. However as the Calculator rule base takes all policy into account, this should be an exceedingly rare event!
If and when you are ever faced with such an occurrence (i.e. Defcare gives a result which appears anomalous and not consistent with your understanding of the case), firstly go back and check your entries! If there continues to be a discrepancy, you should submit a query on the SRCA discussion line, i.e. before committing a determination to check:
a)whether you have made an error of policy, or
b)whether the rule base of the Defcare calculator needs adjustment.
If you still need to proceed with a decision which is at variance with the Calculator summary:
- You must write a detailed justification of your preferred outcome, demonstrating that your actual determination is 1) legal, and 2) more consistent with the evidence and demonstrated circumstances of the case than that of the calculator.
- This justification should be recorded BOTH on Defcare in the Investigation notes part of the calculator and also printed to the document file.