client failed pca last november, he had been on incap for 3 years, appealed and whilst appealing got income support at reduced rate, appeal failed this June, he applied for incap again and was told he did not qualify since he did not have requisite NI contributions, now back on income support. His doctor will give him a years backdated medical certificate - does the failed pca override the doctors certificate saying he has been sick for a year ( which would mean he could get the disability premium) - anyone know the answer or able to point me to the legislation

was reading EIS2 (CAB info system) today on IB and from what I read, unless the med cert is for a new condition(other than that covered by the pca) or specifically says that the condition is significantly worse, then a client who has been found capable for work within the previous 6 months can't go back onto IB without having to pass another pca immediately. Would have thought that applies to other sickness related benefits too ie. IS, so unsure as to why your client is now getting it.
Basically, as I understand it, yes the failed pca overrides a Drs med cert, as client may have been sick for a year according to his Dr, but according to IB he was fit for work. Not always the same thing!
Please tell me if I'm wrong though anybody!
Meg.

thanks for that - I think you may be right - it is 8 months since he failed pca(appeal would have related to date of decision) so I he is ok for income support - I don't think I am going to be able to help him - heigh ho!

It won't help to get the premium any sooner, but, if your client is a single person it would be worth challenging the refusal of IB. The lack of NI contributions in the last 3 years can be overlooked if the claimant was on IB for any part of the tax year last ending before the beginning of the year of claim - in this case tax year 2002/3, ended 5/4/03.
So the NI condition should get assessed on the same contributions that qualified him previously.
Have a look at the fourth bullet in CPAG page 829.
Of course short term lower IB is only a few coppers more than single rate IS, but in 28 weeks time he'd get a tenner more...and still eventually get LTR and disability premium.
Revision for error of law?

I will look it up on Wednesday when I'm next in work - thank you very much - had absolutely no idea of that provision - my client has now got the pca to fill in - as was to be expected - I'm not confident that he will pass it - but we will see - meantime however I will certainly challenge them
thanks again