My Client's SDA has recently stopped because the DWP have in my view been ineffecient in organizing a new medical assessment. She has lost £90 per week whilst awaiting a medical. She cannot claim any means tested benefits because her partner works. Apart from complaining, is there any provision for continuing payment of SDA pending a medical.

Sorry but there isn't.

SDA and IB are not paid while a claimant is waiting for their appeal to be heard.

You could try contacting the DWP (and TAS once the appeal papers have been issued) and asking for the appeal to be expedited on the grounds that the reduction in income is causing hardship.

Is this an appeal though?

Sorry but i didn't read it like that.

Doesn't read like an appeal to me either.

Don't see how they can stop it without the medical. I had an IB appeal on Monday where client had failed to attend medical. Chair accepted Good Cause and wrote that IB payable from date stopped.

In this case as they failed to organise medical then how did they have any evidence to show condition improved and client no longer entitled to SDA.

This is trying to have it both ways - 'if you don't attend we'll stop benefit and if we can't get round to organising a medical we'll stop benefit'. Maybe this is the unofficial way of getting the IB/SDA figures down, or is that just Friday afternoon cynicism!!

IF i remember the SDA rules correctly it could be awarded for a period, the DWP are supposed to organise a medical 2MONTHS before the end of the assessment.

They seem not to have done this in this case and should be leaned on reinstate pending a medical, also bearing in mind that the decision maker is not bound by what a medical serivces doctor says anyway.

A complaint at least in this case would seem appropriate.

sorry - teach me to do things in a rush - i did misunderstand the question - i thought that the client had failed a medical - opps

have a look at reg 6 of the SDA regs - i think it means that if she submits a sick note from the day they stopped her award (or up to 8 weeks later, but that's much less help), she can be be paid. i'm struggling to work out what the reg means but i'm assuming your client's period of incapacity is continuous, and this reg. seems to give her some protection. maybe someone more familiar with the SDA regs can clarify?

there's quite a bit of transitional protection, not enough info to tell if it can benefit her.

also have a look at reg 10 and the notes in Bonner... if your client is blind, or was receiving DLA mob before 1/4/97 for example. how come your client was getting £90? also, if your client's getting on a bit, is she a former NCIP case...?

failing that, i don't see why the sec of state shouldn't use his discretion to make an interim payment, considering they've cocked up badly, and they're recoverable so he can't lose.

jj