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Top Incapacity related benefits topic #2791

Subject: "Learning Disabilty and PCA" First topic | Last topic
Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

Learning Disabilty and PCA
Wed 02-Apr-08 12:36 PM

A local community based support unit for people with learning disabilities has referred 2 people to us in recent weeks who have failed the PCA. Can't remember when I last did, ever did, an ICB appeal for LD and its worrying me how LD fits into the mental health descriptors. I wonder whether the DWP will argue LD doesn't come under the classification of MH. Its curious a group who seem to have been left alone for so long are suddenly having to jump through the PCA hoops.

Anyone assist with any caselaw re relationship between LD and MH or packs which describe how to assess LD for PCA purposes most welcome

Tony

  

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Replies to this topic
RE: Learning Disabilty and PCA, ariadne2, 02nd Apr 2008, #1
RE: Learning Disabilty and PCA, nevip, 03rd Apr 2008, #2

ariadne2
                              

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

RE: Learning Disabilty and PCA
Wed 02-Apr-08 04:16 PM

Most people with any but the mildest forms of LD have tended to be treated as exempt for the PCA, though technically the exemption is only for the severest. The upshot is that the doctors who do the assessments don't often see people with LD, and of course as it isn't an illness haven't been involved in "treating" it. This means that most of them seem incapable of recognising people with LD when they meet them (saying daft things like "normal intellect and ability" of people of whom it is obvious to anyone with any sort of common sense that this is just not true).

Depending upon the precise form and severity of the condition, consider the following:
ability to take a message
poor concentration
overlooking risks
Need for prompting
looking after appearance and home
Inability to cope with change
Inability to self-care
Disruptive behaviour
Communication difficulties.
If they have ever worked, the reasons for stopping.

This is one area where the new work capability assessment should be better as it ahs some activities such as ability to larn new tasks and time taken to complete activities which are particularly relevant to people with learning disability - as long as the doctors can recognise them, of course.

  

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nevip
                              

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

RE: Learning Disabilty and PCA
Thu 03-Apr-08 10:38 AM

" wonder whether the DWP will argue LD doesn't come under the classification of MH".

I wouldn't worry about that . The criteria is that a person is suffering from "some specific mental illness or disablement" (reg 25 IFW Regs). Disablement covers LD.

  

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Top Incapacity related benefits topic #2791First topic | Last topic