Have client who failed PCA. On decision letter it states that information used was" the recent medical and the questionaire you submitted."

Client was adamant she was never sent a questionaire (IB50).

I stated this fact on appeal submission.

Have now received the submission papers and within them it states "Miss X failed to complete the questionaire form IB50, however the Decision Maker continued with the Personal Capability Assessment".


There is no proof/evidence within the submission of an IB50 being sent out to client or indeed a reminder being sent out as required.

Now as the PCA is NOT the actual medical but the entire process including the contents of the IB50, would folk agree with my view that the decision made is incompetant?
The strange thing is I have had many clients who were automatically found capable of work on the basis of not returning an IB50.

Has anyone else came across a similar case?
Would appreciate folks views on this case.

regulation 6 of the Incapacity for Work General Regulations para 2 allows the Secretay of State to dispense with the IB50

"where the S of S is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in paragraph (1)(b)(i) that information shall not be required for the purposes of that determination"

It isn't common, but particuallry with people with mental health issues, they do seem to accept that there may be a reason for it sometimes. I suppose I see it in maybe 5% of cases (though twice in the last week!)

Chris
would that paragraph of the regulation not be referring to situations where there is sufficient information by way of an IB113, where the Decision Maker has enough information to suggest that the client satisfies the conditions of entitlement and does not therefore require an IB50. I would not think it would be a "get out clause" in this particular case. ???
Neil

I agree with Chris on ths (which is only reasonable given that my desk is six feet away from his) that reg 6(2) refers to the IB50.

Reg 6(1)(b): where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment, such information -
(i) relating to a person's ability to perform the activities referred to in the Sch. or
(ii) ...
as the Secretary of State may request in the form of a questionnaire;

To my mind reg 6(2) allows the SofS to ignore the need for an IB50 where he thinks its not required.

These cases are usually marked Ex-Ref on the PCA scoresheet which I'm sure means something profound in the DWP.

David

Indeed EX REF is marked on score sheet!!!!

Strange situation is I beleive client 100% that she was never sent an IB50 and yet submission claims she failed to return one.

Submissions in my experience are produced on word-processors using precedents which are not always totally revised. This is how people change sex, name and disease in the course of a submission - simple carelessness, nothing sinister. They don't have it in them to do sinister convincingly - you can see the joins.
Mind you it is perfectly possible they did send your client an IB50 and she didn't get it, isn't it? That way they would both be right!