urgent advice (exemption pca advice

The above regs refer to IB as ESA has very few exemption. Check out the guides in the Members Section.

aries wrote:

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.

Please could members not use upper case throughout their messages as it is problematic for those members who use screen readers and in forum etiquette it is akin to SHOUTING.

Your cooperation is appreciated.

Crazydiamond wrote:

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.

Sadly CD as we've seen the Regulations may still be in force but Atos are ignoring them.

Gareth wrote:

Crazydiamond wrote:

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.

Sadly CD as we've seen the Regulations may still be in force but Atos are ignoring them.

As much as Atos may very well be ignoring the regulations, they are legally binding on all the authorities associated with the PCA.

There are remedies that can be imposed on the DWP (and their contractors), namely the statuory right of appeal, the Independent Case Examiner, the Parliamentary Ombudsman, an MP referral to request the intervention of the Secretary of State for Work and Pensions, and last but not least, financial redress for maladministration.

The DWP will be equally culpable if they act upon information obtained by/from Atos which is unlawful, but in any event, the DWP are responsible for the actions and conduct of their agents, so they would be taken to task for any resultant maladministration.

The above may well be the case CD and may be fine in principle but putting it into practice when you're sick and/or disabled enough to be included in the exemptions are you going to have the strength and/or fortitude and resources etc to take the matter further. I recall having a lengthy discussion with a DWP supervisor regarding this matter and all she kept saying was "This is now the procedure" It didn't matter how may times I mentioned "The Law" and even quoted it verbatim together with advising her that the DWP's own website also said the same it just didn't matter and all Atos's response was was "take it up with your MP".

Banging ones head against brick wall me thinks!!!

Gareth wrote:

The above may well be the case CD and may be fine in principle but putting it into practice when you're sick and/or disabled enough to be included in the exemptions are you going to have the strength and/or fortitude and resources etc to take the matter further. I recall having a lengthy discussion with a DWP supervisor regarding this matter and all she kept saying was "This is now the procedure" It didn't matter how may times I mentioned "The Law" and even quoted it verbatim together with advising her that the DWP's own website also said the same it just didn't matter and all Atos's response was was "take it up with your MP".

Banging ones head against brick wall me thinks!!!

Complaints and appeals are becoming commonplace in the benefits system nowadays, and over the next few years at least, this will undoubtedly increase.

Claimants/Appellants have the right to challenge incorrect decisions and administrative procedures by whatever means, so by having this option it really is a case of take it or leave it.