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TOPIC: IB50 Form

Re:IB50 Form 9 years 4 months ago #15684

Gareth wrote:

Crazydiamond wrote:

The Social Security (Incapacity for Work) (General) Regulations 1995 have not as yet been repealed, just the procedure for the issue of form IB113.

Under the old procedure the issue of the IB113 at the outset could confirm a claimant's exemption. The only exception to this procedure was if the GP failed to return the IB113, or it did not contain sufficient information to determine exemption and the claimant was consequently sent an IB50. On receipt of the IB50, exemption could be confirmed under the medical scrutiny procedure.

Under the new procedure as I understand, an IB50 or ESA50 is issued by Atos immediately as a matter of routine. A decision is then made on the basis of the information on the form.

It could be argued that once an IB50 has been issued the previously exempt claimant has been subject to the PCA and this flies in the face of The Social Security (Incapacity for Work) (General) Regulations 1995. This is certainly a valid point and could be put to Atos, but they appear to be a law unto themselves now.

For clarification I would suggest that the OP contacts Atos perhaps in the first instance by telephone, and then in writing, to find out whether the completion of the IB50 is necessary?

As is the norm these days, the situation is as clear as mud with welfare reform and existing IB claimants, and I for one would be interested to know from Atos exactly what is happening in this respect?



This really does open up a can of worms!

Do you know when was the "procedure" for the issuing of an IB113 was changed and who initiated it, did it come from the DWP or was it something ATOS took upon itself? As you rightly say there is a Statutory Instrument in place and (as far as we know) still in force which states that claimants with certain medical conditions do not have to undergo the PCA which in practice means the issuing of the IB50.

ATOS may think they are above the law and can thus ride roughshod over it but in practice I very much doubt they can.

As CD has suggested I agree that the OP should contact ATOS and point out that there is a Statutory Instrument in force (quoting it if necessary) which contradicts what they are doing. I would also suggest the OP contacts his/her MP and explain what's going on with respect to ATOS appearing to ignore Statutory Instruments.


I believe the change occurred on 20 October 2008, one week before the commencement of ESA on 27 October 2008.

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Re:IB50 Form 9 years 4 months ago #15685

Crazydiamond wrote:

I believe the change occurred on 20 October 2008, one week before the commencement of ESA on 27 October 2008.


Do you know who initiated the change, the DWP or ATOS?

Either way I would think that if an IB claimant had to go to an appeal and assuming the relevant Statutory Instrument hadn't been repealed or amended then I would suggest they would have a very good case against the DWP and/or ATOS for not following the Law regarding Incapacity Benefit.

But there again what do I know!!

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Re:IB50 Form 9 years 4 months ago #15692

marijo wrote:

Cant find the abbreviations or spotlight section of website so whos OP, is that little 'ol me? or is it somebody to update the factsheet to reflect current situation. Somebody needs to get a clearer picture on this as a lot of people accessing the factsheet are in for a surprise

I dont see how management in ATHOS could have the bravado to alter procedures that are written in statute. What about the turn around time if I have to involve my mp as my form needs to be in within 3 weeks or so. Is this all the clarification I am going to get that its unclear , Meanwhile ATHOS can do what they want? Does it matter if I just fill in the form and send it back? or will this lead me down a more rocky path.

I filled out the ib50 form before when I got the IB, perhaps they never sent a 113 to my GP and gave me the exemption on my medical condition without any further proof.

I feel quite concerned........


Hi M,

The Spotlights area of the forums is at the top of the forum page HERE Spotlights is in red at the left hand side of the window.

The abbreviations is in the Spotlights area of the forum HERE

OP = original poster, which is the person who started the thread, which is YOU!

The abbreviations in Spotlights is constantly changing, and we try to keep it up-to-date to the best of our ability.

However, please remember that all moderators are volunteers, and we all have either chronic ill-health or disability ourselves, so information may not be updated as quick as we would like.

Kind regards.

Jim

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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

Re:IB50 Form 9 years 4 months ago #15693

  • marijo
Hi CD and Gareth

I think you may have missed my previous post. Can one of you tell me what OP is - does it mean me? Also on the letter from ATOS it says if I have any queries I have to address them to Jobcentre.

My understandings of saying I Know my rights.....is limited to just that. I have little experience in dealing with the job centre et al and feel quite resistent to the idea but I suppose needs must. So if I could have some modicum of comfort by ways of having a strategy that was laid out in the now defunct info sheet.

Have you guys heard about other people being in this position. cos there is bound to be if they changed their strategy way back in 2008. Perhaps they are only modifying the procedure to bring it in line with the ESA but still ticking the IB criteria?

:unsure:

MJ

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Re:IB50 Form 9 years 4 months ago #15694

Gareth wrote:

Crazydiamond wrote:

I believe the change occurred on 20 October 2008, one week before the commencement of ESA on 27 October 2008.


Do you know who initiated the change, the DWP or ATOS?


I would imagine it would have been a government initiative.

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Re:IB50 Form 9 years 4 months ago #15695

Crazydiamond wrote:

Gareth wrote:

Crazydiamond wrote:

I believe the change occurred on 20 October 2008, one week before the commencement of ESA on 27 October 2008.


Do you know who initiated the change, the DWP or ATOS?


I would imagine it would have been a government initiative.


Do you recall where you read/heard about this "government initiative"?

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Last edit: by Gareth.
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