When claimant gets a provisional award for Ind Inj Benefit, so that they have to be re examined after a specified period, is this the same situation as, say a DLA renewal, ie it is as if a new claim is made. Or is there a requirement for a ground for supersession to be established before benefit can be stopped?

I'd always assumed the former but all of a sudden not so sure, can anyone tell me for certain?

they tend to make provisional awards when there is potential either way for a change in the person's loss of faculty. a further medical exam should be arranged automatically, and there is no need to fill in a further claim form. the provisional award is for a limited period so there is no need for a review. a new decision will be given on entitlement from the day ofter the expiry of the award, with appeal rights.

at least... unless they've changed the rules again without telling me. : )

jj

You say that the provisional award is for a limited period, this is the bit I can't quite get my head round. Is it the award of benefit that is time limited, or just the assessment of disability? If it is the former, then no need for supersession to be actioned as award has ended. However, if it is simply the assessment of disablement, then the award itself is indefinite and the new examination has the status of a medical report which, as we all know, is not in itself a change of circs etc.

Anybody know the answer?

hi andy

it's actually been many years since i last saw med. boarding docs, and it was in a former incarnation - so long ago that they used to still award gratuities! so please bear in mind the proviso of my rusty memory, and possibility of changes. i don't seem to get any IIDB cases these days. however, i don't think this has actually changed very much, and the short answer to your question is that it is _both_ the award and the assessment which are finite.

the examining doctors used to indicate on their forms, a length of time covered by the assessment, and whether it was a 'final' assessment or a 'provisional' assessment. They could make a 'Life' assessment, which was final, or indicate a period eg 1 year, 2 years etc, which could be 'final' or 'provisional'. A 'final' award for a definite period would be made if the doctor considered that the claimant would have a RLOF for a time, but would make a recovery.

The decision-maker would then make an award which coincided with the period covered by the assessment. The only assessment which was for an indefinite period would be a 'Life' award, which are never provisional. (The claimant could apply for a review if he thought condition had worsened - 'unforeseen aggravation - can they still do that? ) I would expect that your client's provisional award is backed up by a medical report which restricts its assessment to the period covered by the provisional award made by the DM.

i hope this is not too hopelessly out of date to be any help.

jj