I am currently doing a ICB appeal and will be argueing client satisfies the exemption criteria laid down by Reg 10(viii) Severe Mental Illness, as defined by the original pre- 1997 Regs (Howker)
Unfortunately all the information I have covers the meaning of the post 1997 version of the regs. I would be grateful for any Comm. Dec's or old dss guidance you may have kept stashed in your deepest vaults or attic.

I'm in the same boat as you.I have an appeal next week and can't find a thing about severe mental illness pre Howker. The only reference I could pull up was in a 95-96 Disability Rights handbook.

"DSS guidance advises that severe mental health problems are indicated where the presence of mental illness so adversely affects a persons mood, behaviour or social or environmental awareness, including interpersonal relationships, that continued psychiatric care is essentia; or where you are on long term medication with anto-psychotic drugs. Care includes sheltered residential facilities where the person receives regular medical or nursing supervision and day care at least one day a week in a centre where qualified nursing care is available"

It looks as if the amended Reg 10 simply pulled in the previous guidelines to make them part of the regs.

I don't know if its worth a mention but in my own case the claimant is on long term medication of something called Venlaxafine which he described as an antidepressant. I think I'm out on a limb but checking the drugs properties in the BMA guide it states for the drug:
"As with other antidepressants, this drug acts to elevate mood, increase physical activity and restore interest in everyday activities"

The guidelines now talk of care including "mood modifying drugs"(Page 21 of current IB guide for Med. Prtrs) and there is reference to that also being the case in the 1996 Medical Advisors Guide to IB.

I've got more arguments to push so its a hiding to nothing.

Sorry couldn't help more

Thanks for that . I am currently chasing dwp for this guidance . But finding the old books may be quicker . If I hear anything I will let you know.

The guidance arrived and shed no new light and will approach appeal the same way I have always using the principles laid out in the commentary of ICB Reg 10 in Bonner

I have a Tribunal coming up soon where I will first of all argue that my client should be exempt fropm the PCA due to his paranoid personality disorder.

Bonner cites CIB3328/1998. I have so far not been able to find it. Does anyone have it?

stainsby@(removetheremove)gallionsha.co.uk

fax 020 8370 0779

Just received it via the Commissioners, not as helpful as I hadhoped, but I have emailed it to Shawn for posting anyway

thanks to stainsby .... here's CIB/3328/1998 -

http://www.rightsnet.org.uk/pdfs/CIB_3328_98.doc

Had an attic clearout yesterday and came across April 95 copy of the Medical Advisors Guide to IB. The section on Severe Mental Illness isnt much more than that posted earlier (1 page) but if you post up fax no. I'll put it through plus any other bits you may need