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Top Incapacity related benefits topic #3483

Subject: "Personal Capability Assessment Exemptions" First topic | Last topic
MaryLister
                              

Welfare Rights Adviser, Welfare Benefits Unit York
Member since
01st Dec 2008

Personal Capability Assessment Exemptions
Mon 01-Dec-08 01:40 PM

We've had a few cases recently where clients on IB and previously exempt from the PCA have been sent an IB50 on renewal. In these cases this has led to a medical examination, loss of IB and appeals pending. In the past an IB113 would have gone to the GP so that the exemption could continue and the client be spared the PCA and medical. Apparently the admin procedure has changed and now an IB113 won't be sent out unless the information provided on the IB50 suggests it's necessary.

I read the Rightsnet posting 2992 and Reg 6 ICB (Gen) regs as suggested there and though it doesn't say that an IB113 is mandatory, reg 10 does say that clients who fall into an exempt category aren't required to be subject to the standard process of information gathering. So, if not the IB113 then surely there is a mandatory requirement to have something else in place to protect these clients from 'information gathering'. I wondered if any similar cases have come to light with anyone or if you have any comments on this interpretation of the regs?

  

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Top Incapacity related benefits topic #3483First topic | Last topic