Miss F failed a PCA in Dec 03. In May 04 (before appeal was heard) she submitted a new IB claim with evidence of a deterioration in her condition since Dec 03 PCA decision.

New claim was allowed but because PCA applied immediately, client received an IB50 in mid-June (but has not yet returned it).

On 30 June, client won her appeal against Dec 03 decision.

Does the appeal decision help the client only up to the date of her new claim in May (in which case she will have to undergo a new PCA and return her IB50) or does it eclipse the new claim and apply up to such time as the case would have been reviewed had the client not made her new claim (in which case the current PCA would presumably be unnecessary and the IB50 not required).

Sorry, she has to fill in the IB50. Section 12(8)(B) SSA 1998 says an appeal must not take into account circumstances not obtaining at the time of the decision. Change of circs means whole new set of decisions.

Local PCA section may well accept new claim without further examination under 'scrutiny' of Medical Services doctor, but they don't have to and client could have to face another examination.

(Local office may even say not neccesary to send IB50 in but I'd want that confirmed in writing before relying on it)

The tribunal decision should override the new claim and the old claim should be reinstated.So alround the new Pca is obsolete. But check with Dwp as they may not no rules so preventing any action from you to sort out any fallout, i.e. claim being suspended for not returning IB50.