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TOPIC: urgent advice (exemption pca advice

urgent advice (exemption pca advice 7 years 5 months ago #22015

Hi
I WAS ADVICED BY ATOS TODAY BY TELEPHONE,THAT NO LETTER FROM GP WOULD EXEMPT ME FROM PCA TEST OF ANY SORT.MY WIFE SAID THAT I WOULD KILL MYSELF IF I WENT,BUT I QOUTE THE OPERATOR SAID THAT I WOULD HAVE TO BE BEDRIDDEN OR QUODRAPLEGIC,TO BE ABLE TO BE EXEMPT FROM TEST.THE DWP DIDNT SEND MY DOCTOR IB 113 FORM,SO THEY JUDGED I WOULD BE FINE TO GO,BUT I WAS WONDERING IN THE FINAL HOUR IF I COULD SEND A DOCTORS NOTE IN TO SAY THAT I SHOULD BE EXEMPT FROM GOING.THE ATOS OPERATOR SAID EVEN IF THERE WAS AN IB113 FORM COMPLETED I WOULD STAND LITTLE CHANCE OF BEING EXEMPTED.

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Re:urgent advice (exemption pca advice 7 years 5 months ago #22025

The current legislation which gives details of exemptions from the PCA, is detailed HERE.

There are no other criteria for being exempt from the PCA other than in the regulations as stated.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:urgent advice (exemption pca advice 7 years 5 months ago #22026

  • waltwhitman
So are people on highest rate for care still exempt now that we've got a change of government? I thought they were determined to assess everyone unless they had the medical problems they've listed and being on highest rate care was no longer part of the exemptions.

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Re:urgent advice (exemption pca advice 7 years 5 months ago #22028

The Social Security (Incapacity for Work) (General) Regulations 1995 are still in force, until such time that amendment regulations are in place to repeal the existing legislation.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:urgent advice (exemption pca advice 7 years 5 months ago #22029

  • waltwhitman
Is it taken as read that the legislation will be changed in the next year? I really expect the government to change everything so it will be a huge surprise to me if HRC continues to be a part of the exemption.

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Re:urgent advice (exemption pca advice 7 years 5 months ago #22034

  • originaldave
crazy is that the regulations for IB or the new ESA benefit ?

also how do they take evidance that someone has dementia ?

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