Q for Jim re permitted work on IB / ESA

Hi

I noted your comment on another post:

"Members who sit as a Disability Member on a DLA Tribunal are also allowed to do permitted work, be they on IB or ESA, but only for 1 day or 2 half-days per week".

I am thinking of applying to JAC, but worried about certain issues, a number of which require specialist advice and my own consideration BUT....it has been niggling me to know if JAC may not want to consider people limited by permitted work rules?

Any ideas or advice welcome, many thanks.

Hi Lady Lou,

I prepared quite a long reply for you but when I submitted it, it 'disappeared'. No doubt caused by a glitch in our forum software due to be replaced next month.

Regretfully, I didn't copy it to my Text Editor (Notepad for PC users) as I advise others to do,
so cannot send it now.

I have a hospital appointment at 4.15 pm this afternoon, so will have to leave home soon.
The respiratory clinic often runs late, so I may not be home until after 6.30 pm, so will too tired to come online then.

Will reply in full tomorrow.

Jim

Thanks for the update, kind regards.

Hi Lady Lou,

First of all let me apologise for giving you incorrect information, which I gave off the top of my head, not advisable at my age

Work as a Disability Member is not classed as 'permitted work', it comes under the
'exempt work' as below which is an extract from the current Decision Makers Guide, Chapter 13

Categories of exempt work

Summary

13890 The categories of exempt work are
PWK1 (see DMG 13891)
work done whilst test trading as a S/E earner2 (see DMG 13934)
work as a volunteer3 (see DMG 13931)
duties undertaken on either one full day or two half days a week4 as

4.1 a panel member who is eligible for appointment under specified legislation5 to be such a member or
4.2 a member of the DLA Advisory Board (see DMG 13933).


1 SS (IW) (Gen) Regs, reg 17(1)-(4); 2 reg 17(5); 3 reg 17(6); 4 reg 17(7); 5 The Qualifications for Appointments of Members to the First-tier Tribunal and Upper Tribunal Order 2008, art 2(3)

Appointment of DLA Panel Members come under section 4.1 above and footnotes 4 and 5.

Hopefully you've read the Judicial Appointment Commission website on the qualifications necessary to apply to be a Disability Member which are HERE

All DLA Tribunals must have 3 members, a solicitor with at least 5 years post graduation experience. The Legal Member is now called a Tribunal Judge.

The second member called the Medical Member has to be GP or Consultant. When I sat on DLA Tribunals, that member would have to have a medical degree gained in the UK or abroad, but must be licensed to practice medicine in the UK and on the list of the General Medical Council (GMC). I've been retired since 2005, but I'm not aware of any changes in the rules.

The third member (which I was) is now called a Disability Specialist who is required to have a wide knowledge of the needs of people with various disabilities and/or be disabled themselves.

Formal qualifications are not required for this member, although like myself some do have formal qualifications. Disability members include disabled persons, carers, welfare rights advisers and health care professionals such as physiotherapists or occupational therapists. Those not working and in receipt of IB/ESA are only allowed to sit for 1 day or two half days before it effects their IB/ESA. I'm not sure if the exemption affects means-tested benefits as I've never been on them.

All appointments are Judicial Appointments made by the Ministery of Justice as a Tribunal is a Court of Law albeit an informal one.

All appointments to DLA Tribunals have to be CRB checked and have at least one, but often two stiff interviews before being appointed. Disability Members are an integral part of a DLA Tribunal, their contribution is equal to that of the Tribunal Judge and the Medical Member as they have equal say in decisions reached, and decisions can be unanimous, or a 2-1 majority. As in many other Social Security Tribunals the Judge has the casting vote, but as DLA is the only Tribunal in the Social Chamber to have three panel members, it's possible and sometimes happens that the 2-1 majority decisions are made by the Medical Member & the Disability Member.

I don't want to go on too long, but hopefully this will be of help to you, and/or any other member who is thinking of applying. As Steve said in last week's Newsletter, appellants may feel more comfortable knowing that there is a disabled person, or someone experienced in disability assessment on the panel.

Initially, panel members are appointed for 5 years, but subject to satisfactory performance and by mutual consent, panel members can sit on tribunals until they are 70 years of age.

Finally, all Tribunal Members receive initial and ongoing training throughout their appointment, and if they have to travel a considerable distance to training courses, they receive travel expenses, and if appropriate overnight accommodation for themselves and a carer as most training is carried out at hotels with conference facilities.

Hope this is of help to you and any other members considering applying to be a Disability Member.

The selection process is due to start on the 27/11/2012 and will be advertised on the JAC website and in newspapers such as 'The Guardian'.

Whatever you, or any other member decides, I wish you all the very best.

With regards.

Jim

BUMP.