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TOPIC: Exemptions from PCA?

Re:Exemptions from PCA? 6 years 11 months ago #14085

  • Bentley1956
Thanks for the reply Boris,

But you cannot be exempt on ESA can you!!!

I have never been on ESA Boris.

That is what I think they are doing, applying the ESA rules to people on Incapacity benefit.

It looks like they are changing the rules to suit the DWP, which should not be allowed to happen in my opinion.

In other words Labour have introduced a new benefit, and not thought it through as usual.

Many thanks Boris, Bob.



boris1 wrote:
Sorry to hear you think you've "wasted £18.50" but like all of us on here we just need to patient and await replys to our posts.
According to the link you have put above then you are excempt and you could either qoute that when you ring DWP or send them a copy of it.

I don't know where DWP get the idea of excemption being valid for three years but I got in the support group for ESA and I was told I'll be assessed again in three years time.
Quite frankly I don't have a problem with having to fill out another IB50 form in three years time, I'll just do as the DWP ask of me.
The administrator has disabled public write access.

Re:Exemptions from PCA? 6 years 11 months ago #14086

Bentley1956 wrote:
Hi all

Just spoken to the jobcentre in Preston.

And they say that the IB113 no longer has to be sent to your GP, is this correct.

I got this info from your IB2 download.

You advice says they have to send the IB113 before issuing an IB50.

Who is correct!, and should I send the template letter?



ESA113 and for that matter IB113 forms are still in use see question 3 in the Section 'Medical report questions' on this DWP website:-

DWP

you will see that the question is:-

"What is the point of asking a GP for a medical report (IB/ESA 113) when he has already issued certificates expressing his opinion?'

Followed by the answer:-

"People suffering from certain specified severely disabling conditions (“exempt” category in Incapacity Benefit or “support group” in Employment and Support Allowance) may be treated as incapable of work without being tested.

Jobcentre Plus therefore takes steps to identify such people before applying the Personal Capability Assessment (Incapacity Benefit) or Work Capability Assessment (Employment and Support Allowance). GPs (acting as certifying medical practitioners) play a crucial role in providing a precise diagnosis and factual clinical details in cases where a person may have a severe condition that, under Regulations, allows them to be treated as incapable of work.

A fully completed IB113/ESA 113 report may thus avoid the need for a person to undergo a benefit related examination and help Jobcentre Plus to give a prompt decision on entitlement."


If you think that you have been given false information by the person you spoke to it may be advisable for to get back onto the office that deals with your claim and ask to speak to someone more senior as you do sometimes find that the people who answer you call first do not know what the regulations are surrounding ESA and for that matter IB. You may have to do you homework first by looking at the relevant and up to date guides in the Members Section also a quick search on the internet brought up the website I've quoted above there are many other references to the fact that the IB113 and ESA113 forms are still in use. You can of course contact your local CAB and/or local council's welfare rights officer to confirm that the IB113 and ESA 113 are in use.

I should add that if you have been sent an IB50 then the Incapacity benefit rules and regulations apply to your claim.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 11 months ago by Gareth.
The administrator has disabled public write access.

Re:Exemptions from PCA? 6 years 11 months ago #14087

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

I really can understand your frustration with JobCentre Plus, they have been giving out incorrect information often. However, I personally don't blame them, it's the DWP who after job cuts during the year have transferred staff from other offices to JobCentre Plus with little or no training on incapacity related benefits.

I know this because DWP staff have told me themselves that they're expected to deal with benefits that they know nothing about.

I sincerely hope you get things sorted to your satisfaction soon, most likely when the holidays are over.

I hope you have a very pleasant Christmas, and an even better New Year.

Best wishes from my wife Pat and me.

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
The administrator has disabled public write access.

Re:Exemptions from PCA? 6 years 11 months ago #14090

  • boris1
Bentley1956 wrote:
Thanks for the reply Boris,

But you cannot be exempt on ESA can you!!!

I have never been on ESA Boris.

That is what I think they are doing, applying the ESA rules to people on Incapacity benefit.

It looks like they are changing the rules to suit the DWP, which should not be allowed to happen in my opinion.

In other words Labour have introduced a new benefit, and not thought it through as usual.

Many thanks Boris, Bob.



boris1 wrote:
Sorry to hear you think you've "wasted £18.50" but like all of us on here we just need to patient and await replys to our posts.
According to the link you have put above then you are excempt and you could either qoute that when you ring DWP or send them a copy of it.

I don't know where DWP get the idea of excemption being valid for three years but I got in the support group for ESA and I was told I'll be assessed again in three years time.
Quite frankly I don't have a problem with having to fill out another IB50 form in three years time, I'll just do as the DWP ask of me.

No I'm not excempt except I didn't have to attend the second part of the esa medical because I got in the support group but even so they told me I'll be reasessed in three years time, so it'll mean another lot of form filling and a medical.:ohmy:
The administrator has disabled public write access.

Re:Exemptions from PCA? 6 years 11 months ago #14096

  • Bentley1956
Gareth wrote:
Bentley1956 wrote:
Hi all

Just spoken to the jobcentre in Preston.

And they say that the IB113 no longer has to be sent to your GP, is this correct.

I got this info from your IB2 download.

You advice says they have to send the IB113 before issuing an IB50.

Who is correct!, and should I send the template letter?



ESA113 and for that matter IB113 forms are still in use see question 3 in the Section 'Medical report questions' on this DWP website:-

DWP

you will see that the question is:-

"What is the point of asking a GP for a medical report (IB/ESA 113) when he has already issued certificates expressing his opinion?'

Followed by the answer:-

"People suffering from certain specified severely disabling conditions (“exempt” category in Incapacity Benefit or “support group” in Employment and Support Allowance) may be treated as incapable of work without being tested.

Jobcentre Plus therefore takes steps to identify such people before applying the Personal Capability Assessment (Incapacity Benefit) or Work Capability Assessment (Employment and Support Allowance). GPs (acting as certifying medical practitioners) play a crucial role in providing a precise diagnosis and factual clinical details in cases where a person may have a severe condition that, under Regulations, allows them to be treated as incapable of work.

A fully completed IB113/ESA 113 report may thus avoid the need for a person to undergo a benefit related examination and help Jobcentre Plus to give a prompt decision on entitlement."


If you think that you have been given false information by the person you spoke to it may be advisable for to get back onto the office that deals with your claim and ask to speak to someone more senior as you do sometimes find that the people who answer you call first do not know what the regulations are surrounding ESA and for that matter IB. You may have to do you homework first by looking at the relevant and up to date guides in the Members Section also a quick search on the internet brought up the website I've quoted above there are many other references to the fact that the IB113 and ESA113 forms are still in use. You can of course contact your local CAB and/or local council's welfare rights officer to confirm that the IB113 and ESA 113 are in use.

I should add that if you have been sent an IB50 then the Incapacity benefit rules and regulations apply to your
claim.



Thank you very much for you reply Gareth,

The person that I spoke to at Preston told me that she was the line manager, after I was getting nowhere with the young lad I spoke to first.

So all that I have posted above has come from the person in charge on the day we spoke to them.

That then is very frightening, if the staff in charge do not understand their jobs.

I will just have to hope the letters of this site, that I sent sort them out.
I was thinking of writing to one of our local Labour MPs, but I think that Labour are the problem here, and not the cure. So have written to the prospective Tory MP for Blackpool North and Cleveleys, who will more than likely win this seat when the election comes.

Merry Christmas Gareth and thanks.
The administrator has disabled public write access.

Re:Exemptions from PCA? 6 years 11 months ago #14097

  • Bentley1956
Jima1 wrote:
Hi Bob,

I really can understand your frustration with JobCentre Plus, they have been giving out incorrect information often. However, I personally don't blame them, it's the DWP who after job cuts during the year have transferred staff from other offices to JobCentre Plus with little or no training on incapacity related benefits.

I know this because DWP staff have told me themselves that they're expected to deal with benefits that they know nothing about.

I sincerely hope you get things sorted to your satisfaction soon, most likely when the holidays are over.

I hope you have a very pleasant Christmas, and an even better New Year.

Best wishes from my wife Pat and me.
Jim



Thank you Jim, and a very Merry Christmas to you both as well.

Bob.
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