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TOPIC: Exemptions from PCA?

Re:Exemptions from PCA? 6 years 11 months ago #14143

  • Bentley1956
Crazydiamond wrote:
Bentley1956 wrote:
Hopefully when you are moved to PCA then
you shall go into the support group. Who knows when this will happen!


You have confused me with this comment on
your post.

My argument is that being exempt I should not have to fill in the IB50, Which even though a form, is part of the PCA.

I know the form has to be filled in or they will stop the benefit, and when I have done that I will take legal action against the DWP, so then we will at least know what Exemption means these days

Regards Bob.

I believe PCA should in fact read ESA.

The rest of the post is entirely
accurate in content.



Now I am confused!

Some on the thread say being exempt I should not have to fill it in, and others say I should.

Please can someone enlighten me on which one I am to follow.

Regards Bob.
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Re:Exemptions from PCA? 6 years 11 months ago #14144

  • Bentley1956
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=6199



So the information on this link is not correct then.

So why not remove or update it then?:huh:
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Re:Exemptions from PCA? 6 years 11 months ago #14146

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
It is correct for IB claimants. The Statutory Instrument quoted in the Spotlights link hasn't been repealed.

The Personal Capability Assessment (PCA) is applied to current recipients of Incapacity Benefit (IB) and the Work Capability Assessment (WCA) is used for current recipients of Employment & Support Allowance (ESA)

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Jim Allison. Reason: Added further information.
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Re:Exemptions from PCA? 6 years 11 months ago #14156

Hi

I suggest you read

www.nwdial.org.uk/training%20files/exempt.pdf

And send off the letter in the document.

Jim - I presume that this hasn't changed for IB claimants?

Charlie
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Re:Exemptions from PCA? 6 years 11 months ago #14160

With respect to being assessed under the Incapacity Benefit PCA rules and regulations can someone confirm that the Incapacity Benefit Handbook for
Approved Doctors MED-S2/IBHB Version: 3 Final 3 June 2004
is still a document that is in force and should be used by healthcare professionals carrying out an IB PCA medical?

If so then is does clearly say in the above document under the heading:-
"Exemption requiring the Decision Maker to consider the advice of an
approved doctor"


A factual report is requested on behalf of the Medical Adviser from the
claimant's GP, who forwards this to the Medical Services Medical Adviser to give
advice as to whether the claimant is suffering from an exempt condition
.


Am I correct in thinking that the factual report mentioned above is an IB113?


Ergo, prior to a claimant being sent an IB50 if it is suspected that the claimant falls into an exempt category (as defined in the IB rues and regulations) then an IB113 should be sent to the claimants GP and following receipt of the IB113 by Medical Services the decision is taken by the DM on the advice of Medical Services whether the claimant falls into an exempt category?

So if someone receives an IB50 and has previously been exempt from the PCA they can legitimately argue that an IB113 should have been sent to their GP?

Definitive advice would be welcomed on this matter as it does appear to be causing some confusion and not only by me!

Thanks
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Exemptions from PCA? 6 years 11 months ago #14161

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hi Gareth,

It's not on the DWP website, but see this discussion on RightsNet and there is a link to the handbook on their site: www.rightsnet.org.uk/pdfs/IB_handbook_for_approved_doctors.doc

Also, copy of ESA handbook : www.rightsnet.org.uk/pdfs/ESA_handbook_v1_Final.doc

All very confusing !

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Jim Allison. Reason: Added further information.
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