dda 2005

Crazydiamond wrote:


Exemptions for Incapacity Benefit are defined in The Social Security (Incapacity for Work) (General) Regulations 1995 and not the DDA.

The problem is that Atos are ignoring the regualtions and are just sending out IB50s rather than IB113s.

Gareth wrote:

Crazydiamond wrote:


Exemptions for Incapacity Benefit are defined in The Social Security (Incapacity for Work) (General) Regulations 1995 and not the DDA.

The problem is that Atos are ignoring the regualtions and are just sending out IB50s rather than IB113s.

According to Atos, allegedly the procedure for the issue of form IB113 has changed, but as far as I am aware they have not produced any evidence to this effect.

As Atos are agent sub-contractors to the DWP and they in turn determine the administrative procedures, I believe the latter are responsible for demonstrating that the procedure has in fact changed?

Hi cookered, Is your friend in receipt of any DLA, i know the DLA and IB50 are seperate benefits, and different criteria etc. Could your friend get a copy of any hospital consultations, (it is getting very common now that you get asked if you want copies when you check in for your app), Its just a thought but there might be something in writing by a specialist that could help, Or they could ask for photocopies from their GP. Best Wishes

Crazydiamond wrote:

Gareth wrote:

Crazydiamond wrote:


Exemptions for Incapacity Benefit are defined in The Social Security (Incapacity for Work) (General) Regulations 1995 and not the DDA.

The problem is that Atos are ignoring the regualtions and are just sending out IB50s rather than IB113s.

According to Atos, allegedly the procedure for the issue of form IB113 has changed, but as far as I am aware they have not produced any evidence to this effect.

As Atos are agent sub-contractors to the DWP and they in turn determine the administrative procedures, I believe the latter are responsible for demonstrating that the procedure has in fact changed?

Yes I know that. I had a long discussion with a JCP supervisor who ended up tongue-tied as she wasn't able to answer the simple question why are Atos ignoring the law when the law hasn't changed even the DWP's own website contradicts what Atos are doing.

DWP

She just kept saying that the "process" had changed to which my answer was the process may have changed but the law hasn't and neither has any of the procedures written in the various documents pertaining to carrying out IB medicals changed.

Gareth wrote:

Crazydiamond wrote:

Gareth wrote:

Crazydiamond wrote:


Exemptions for Incapacity Benefit are defined in The Social Security (Incapacity for Work) (General) Regulations 1995 and not the DDA.

The problem is that Atos are ignoring the regualtions and are just sending out IB50s rather than IB113s.

According to Atos, allegedly the procedure for the issue of form IB113 has changed, but as far as I am aware they have not produced any evidence to this effect.

As Atos are agent sub-contractors to the DWP and they in turn determine the administrative procedures, I believe the latter are responsible for demonstrating that the procedure has in fact changed?

Yes I know that. I had a long discussion with a JCP supervisor who ended up tongue-tied as she wasn't able to answer the simple question why are Atos ignoring the law when the law hasn't changed even the DWP's own website contradicts what Atos are doing.

DWP

She just kept saying that the "process" had changed to which my answer was the process may have changed but the law hasn't and neither has any of the procedures written in the various documents pertaining to carrying out IB medicals changed.

You could always write to the DWP Decision Making and Appeals Division (DMA) Leeds, GS36, Quarry House, Leeds, to ascertain the details and a definitive answer for the correct procedure for the issue of IB113 forms, as they are responsible for the administration of DWP internal guidance for both clerical and decision making affairs.

The [correct] procedure is laid down in statute but as we've seen what is laid down in statute and what happens in reality bears little or no similarity.

However your suggestion is noted for future reference.