Hello folks

Can someone help me please?

I've been on IB since 09/07/08 and because I'd been working for the last 20 years prior to this, my GP "signed me off". The sick note that she issued was for 3 months and I'm due to see her again on 09/10/08 when I will be asking for another note. However, I'm wondering if this will actually be necessary because I am in receipt of DLA and receive both High rate care & mobilitity.

I know the mobility side of things doesn't come into it but I thought that the high rate care part automatically exempts me?? or is this only after 28 weeks? If so, I presume that I would then automatically move onto the next stage of incapacity benefit without having to complete the IB50? What about my GP - would she need to fill in a form even though I'm in an exempt group?

Do you think it's worth ringing my local job centre plus and telling them about my HIGH rate DLA care component award or will they automatically be informed of this/have access to this information? When I first applied for IB, I was only receiving low rate care but this was increased after I asked for my case to be reconsidered.

Thanks in anticipation of your advice.

Loobus

Hi, in my experience IB don't automatically know of your dla award, especially if you have only just received it,
I would definitely inform them.

nash wrote:

QUOTE:
Hi, in my experience IB don't automatically know of your dla award, especially if you have only just received it,
I would definitely inform them.

I agree. Also as you're on DLA HRC, you are exempt from the Personal Capability Assessment (PCA) so your IB is safe and you shouldn't need to send in any more 'sick notes'

Many Thanks for your replies!

I phoned "Job Centre Plus" today as suggested to inform them of my HIGH rate DLA Care award. As my sick note expires on 09/10/08, I explained that I would not be sending anymore in because I believe that I fall into an exempt group. However, the advisor(?!) that I spoke with told me that I was still required to submit sick notes and would also have to complete form IB50 for the PCA on their "target date", which is 05/11/05.

To say that I'm confused is a bit of an understatement and I did ask the lady to clarify the position again because her advice contradicts that given on here!! She told me that she was definitely correct and that a sick note and completion of the IB50 plus a form for my GP to complete would also be required at the "target date"!!!

Soooooooooooo ............ what do I do now??? Any ideas on any techinical stuff that I can quote at them or should I just get a sick note as requested so as not to jeaporadise my IB claim???

Thank you very much for any guidance!!!

Just a quick reply. The person you spoke to at your local Jobcentre Plus is wrong.

Being in receipt of DLA HRC exempts you from PCA so you don't need to complete an IB50.

This is the Statutory Instrument to quote Statutory Instrument 1995 No. 311 The Social Security (Incapacity for Work) (General) Regulations 1995.

See section 10 which states:

10.—(1) A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.

(2) The circumstances are—
(a) that he is in receipt of the highest rate care component of disability living allowance;

These regulations have not been repealed and still apply.

Call the JCP again and ask to speak to a supervisor and quote the Statutory Instrument given in the link.

Good luck.

Jim

RESULT!!!!! Thanks for your help - it's all sorted now.

Followed you advice quoting the "statutory instrument" and then received a call back from a supervisor who confirmed that their "system has been updated and you no longer need to send in sick notes in view of your high rate care DLA award"!!!

Wonderful guidance on this site as usual and I am very grateful. Thank you!