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Top Incapacity related benefits topic #3408

Subject: "Own Occupation Test and IB50" First topic | Last topic
jeanette
                              

welfare rights officer, newcastle welfare rights service
Member since
04th Feb 2004

Own Occupation Test and IB50
Tue 11-Nov-08 03:04 PM

Tue 11-Nov-08 03:04 PM by jeanette

I have been checking the regs and reading the threads and can't find a definitive answer and there probably is not one. The issue is our local office sending IB50's early on in the OOT period, sometimes followed by a PCA then hanging on and making a decision on 199th day or so. Has anyone got any up to date caselaw / decisions / information on this? Thank you in anticipation!

  

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Replies to this topic
RE: Own Occupation Test and IB50, ariadne2, 11th Nov 2008, #1
RE: Own Occupation Test and IB50, nevip, 11th Nov 2008, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Own Occupation Test and IB50
Tue 11-Nov-08 03:54 PM

This looks like Regulation 6 of the Incapacity for Work Regulations. They say that if the own occ test applies, then the evidence needed must be compliant with the the Medical Evidence Regulations (Med 3, basically). The Reg says very clearly that where the question falls under the PCA then the IB50 may be sent out, unless there's enough evidence of incapacity without it. I can see nothing in the commentary to that Reg in Bonner to suggest that it can be used in own occ cases, and no case-law.

I have come across a very small number of cases in which somebody -usually self-employed and thus not in SSP - was medically examined for the OOT, I think using the PCA report but with the conclusions and issues definitley decided on "own occupation" lines - I think 2 cases in my career. The Regs do allow people to be summoned for a medical whatever the basis of their claim for benefits, not defined by ref to the PCA..

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Own Occupation Test and IB50
Tue 11-Nov-08 04:15 PM

Its section 171C(4) of the SSC&B Act and see the discussions below:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=111&topic_id=1702&mode=full

  

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