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Top Incapacity related benefits topic #2573

Subject: "PCA IB.50" First topic | Last topic
Ivan S
                              

Welfare Rights Officer, Nottinghamshire Welfare Rights Service
Member since
07th Sep 2005

PCA IB.50
Thu 17-Jan-08 03:52 PM

I have a client who received IB.50 and is unable to physically complete because of her medical conditions. She has asked JC+ for a home visit which was refused, though she has had previous visits.
Is there a regulation which says JC+ do not have to assist OR is there a telephony service similar to new claims on 080000556688 to complete IB.50


Ivan

  

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Replies to this topic
RE: PCA IB.50, ariadne2, 17th Jan 2008, #1
RE: PCA IB.50, wwr, 18th Jan 2008, #2
RE: PCA IB.50, Rob_Price, 18th Jan 2008, #3
RE: PCA IB.50, Paul_Treloar_, 21st Jan 2008, #4

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: PCA IB.50
Thu 17-Jan-08 06:58 PM

You could always ask if they would be willing to dispense with it? It isn't compulsory, we have a client who had a PCA last week without one (mind you, Medical Services had messed him around and only offered him an appointment at very short notice when we faxed them on 2 January). It's unusual, but by no means unknown.

  

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wwr
                              

senior adviser, Wirral Welfare Rights Unit
Member since
07th Oct 2005

RE: PCA IB.50
Fri 18-Jan-08 08:43 AM

What there is is the Disability Discrimination Act which requires JCP, as providers of a service, to make reasonable adaptations to meet the needs of disabled people. Try threatening them with a claim in the County Court if they won't budge - the threat will probably be enough.

Richard Atkinson

  

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Rob_Price
                              

Principal Welfare & Income Officer, Shropshire County Council
Member since
02nd Dec 2004

RE: PCA IB.50
Fri 18-Jan-08 03:29 PM

....and going back to Ariadne's point, this is what DMG says:
13650 A person can be required to
1. attend and submit to a medical examination for the OOT and PCA (see DMG
13670) and
2. provide certain information asked for by the Secretary of State including the
return of the questionnaire for the PCA (see DMG 13700).
If they fail without good cause to do either they are treated as capable of work1.
1 SS (IW) (Gen) Regs, reg 7; reg 8

Good cause surely applies if they can't complete the IB50. Jobcentreplus, putting the F back into common sense.

  

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Paul_Treloar_
                              

Director of Policy and Services, Disability Alliance, London
Member since
15th Sep 2006

RE: PCA IB.50
Mon 21-Jan-08 11:22 AM

Just to add to Richard's post, since December 2006, all public sector bodies have to adhere to the Disability Equality Duty (DED), which amongst other things requires bodies such as DWP to have due regard to taking steps to meet disabled people’s needs, even if this requires more favourable treatment when carrying out their functions. So regardless of the legislation in place for IB, they have to consider suitable alternatives under the DED where appropriate and necessary.

For more on the DED, see Do the Duty website

  

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Top Incapacity related benefits topic #2573First topic | Last topic