My trusty WB&TC Hbk tells me that when a claimant is appealing a decision that s/he has failed the PCA, s/he does not need to supply medical evidence of incapacity in order to claim the reduced amount of IS while the appeal is ongoing.

Seems obvious to me, but can anyone point me to the actual regulation?

Many thanks,

I don't think there is a reg that explicitly says you don't need medical evidence. However, para 25 of Sch 2 to the IS regs alllows for eligibility for IS if you have failed the PCA and have appealled. Since it doesn't say you need medical evidence, you don't have to supply it.

Keith - thanks for your reply. Please excuse my rambling - end of a long muggy day - having difficulty remembering own name.

I found what you were referring to in para 25 of Sch 1B in the 2003 edition of Bonner - and there's a clear difference between para 24 (which applies to people who have failed the own occupation test and where med certs are required) and para 25 (which applied to people who fail the PCA, where they aren't). Bingo!

Looked at the Regs online to check and it's in Sch 1 ...

http://www.opsi.gov.uk/si/si1987/Uksi_19871967_en_15.htm

... but paras 24 and 25 don't seem to exist any more. Can't seem to spot any amending legislation though.

Am I worrying too much?

The online Regs are wrong. Sch 1 was repealed by SI(1996/206) from 7/10/96 and replaced by Sch 1B.

Si 1996/206 is here:

http://www.opsi.gov.uk/si/si1996/Uksi_19960206_en_1.htm

See Reg28 and the schedules.

The versions of legislation on the OPSI site are as originally enacted, they're not consolicated to show later amendments.

For consolidated legislation see:

http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/index.asp