Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: IB50 Form

Re:IB50 Form 8 years 9 months ago #15658

Hang on CD I'll find it now and report back.


Right got it.

Home page
>Incapacity Benefits
>Members Only---->Exempt but sent Questionnaire
>Page 3

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gareth.

Re:IB50 Form 8 years 9 months ago #15660

  • marijo
I appreciate your help. I will wait for clarification.

Please Log in or Create an account to join the conversation.

Re:IB50 Form 8 years 9 months ago #15665

Gareth wrote:

CD the Short Term Benefits Guide Pt 28 in the members area shows the following:-

"Issue of IB113 in re-referral cases.

276. If the customer was found to be exempt under the Personal Capability Assessment at the last referral, clerically issue form IB113 at the re-referral stage to consider the customer’s potential exemption,
before issuing form IB50."

As you see this says that an IB113 should be issued before issuing an IB50. So is this now not the case?

So if I it correctly the situation now is that everyone irrespective of whether they were exempt at a previous claim is sent an IB50 when their case is up for review, then depending on what ATOS conclude about your IB50 an IB113 is issued (either by ATOS? or the DM?)then on receipt of the IB113 ATOS advise the DM accordingly as to whether exemption continues.

Is that now the case?


I have looked at the guide to which you refer and note that it dates back to July 2007.

Atos were handed absolute responsibility for conducting both the PCA for IB and the WCA for ESA from October 2008, when the work was transferred from the DWP. The decision to revise the point at which the IB113 was issued, was to bring it into line with the procedure for the ESA113, which was to await the return of the IB/ESA50.

From a personal point of view, it appears to be a back-to-front procedure which reduces the input from a claimant's GP at the outset. However, I think that this has been done deliberately in order to exclude any potential undermining of the PCA/WCA from the Atos angle, by any doctors or consultants of the patient.

In this respect, it is also a requirement for a claimant not to send any medical evidence with the IB/ESA50, the sole purpose is to exclude evidence which may be beneficial. The same can be said to a certain extent about the new four page DLA renewal form, which has been designed primarily to prevent any evidence being submitted from a claimant.

In essence, it seems Atos want total control over the conduct of claims for disability benefits, with little or no outside interference.

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:IB50 Form 8 years 9 months ago #15669

  • marijo
I would appreciate your clarification what to do as the info sheet entitled Exempt but sent a questionnaire is now out of date and therefore i have nothing to follow.

I would really like to know where this leaves me as previously I was potentially not filling in form ib50 and asking them to send my gp form ib113. and thinking of this as merely an exercise to ensure I still qualify for benefit even though my condition is incurable and progressive.

So will filling in this from and not including any evidence be detrimental to my claim? If this is the case then will I have any recourse of action should they potentially cut me off as i thought I was realitively safe from the harshness of ATOS until the migration later on this year? Does this mean that can bring my migration forward or just trying to cut the number down using the new criteria when the opportunity arises.

Many thanks

Please Log in or Create an account to join the conversation.

Re:IB50 Form 8 years 9 months ago #15670

OK, so that we're all signing from the same hymn sheet is this now the situation with respect to IB renewals?

The situation.
The IB claimant is first sent an IB50 from the DM which is returned by the claimant, then if the DM considers further medical information is required they inform ATOS to issue an IB113 to the claimants GP/consultant or whoever. The IB113 is returned to ATOS from the GP (or whoever) then ATOS after studying the IB113 advises the DM whether the claimant should continue not be subject to a medical (as they can no longer be exempt from the PCA as they have already had to fill out an IB50.)

If this is the case has the The Social Security (Incapacity for Work) (General) Regulations 1995 in particular Section 10 viz. Certain persons with a severe condition to be treated as incapable of work been repealed?

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gareth.

Re:IB50 Form 8 years 9 months ago #15671

  • marijo
Sorry but not sure what DM means and the ib50 from came from ATOS.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke