I have a client who failed to attend a medical for I/B. Because he did not turn up (he says he was waiting for a confirmation letter which he never got.) he now has to appeal, however I/B have said they are under no obligation to pay him any money while we appeal, not even a reduced rate because he failed to attend rather than failed the medical. Can anyone advice me what to do as he has no money to live on. Is this correct?

IB shouldn't pay anything as the decision renders your client 'not incapable of work'.

He could claim JSA and apply for a crisis loan in the interim.

For a discussion of the merits of the possibilities of income support, see this thread:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=111&topic_id=2645&mesg_id=2650&page=

I assume that your client was notified of the medical by phone and accepted this appointment

Any appeal would have to be based on 'good cause', it is well work checking the Regs about this as the DWP never seem to actually apply them See SS(Incapacity of work regs) Reg 6, they also seldom look at goodcause and fail to follow their own process of issuing a BF22 See D&A Reg 19

Although they are technically correct that he can't be paid, he should put in a new claim, The DM will have to decide whether to accept this and it allows fresh appeal rights, coupled with reduced rate IS during the appeal period.

CIB/2221/2005 this commissioners decsion should help you win appeal - if client did not recive written notice