Does the DWP have the right to insist on an SC1 being completed as well as an A1 where the claimant has an absolutely zero chance of getting IB? Can someone point me to the appropriate reg?

CPAG WBH says "If this happens to you take expert advice". Unfortunately for this particular claimant, I am the expert advice.

The Reg is Reg 7(1) of the Social Security (Claims and Payments) Regs 1987

"7.—(1)
Subject to paragraph (7), every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connectionwith the claim, or any question arising out of it, as may be required by the Secretary of State
or, n a case where regulation 4A applies, the relevant authority <
Board>and shall do so within one month of being required to do so or such longer period as the Secretary of State <
Board> may consider reasonable."

In the past there was no right of appeal (see R(SB)29-83) if the SOS decided that documents which were needed had not been provided (in the present case the SC1 which is held to be required in order to assess whether or not your client will be considered incapable of work.)

This has effectively been overturned by CIS540-2002 where the Commissioner held that denying the right of appeal on the issue of whther or not a claim had been properly made would breach Article 6 of the Human Rights Act.

As Reg 7 of the SS(C&P) Regs does not specifically demand the SC1, then you may be able to argue that your client has provided evidence in some form other than the SC1 that is sufficient to decide his claim

Thank-you very much.

It occurs to me on the basis of what you've said that I could have argued that the client (a) did not want to claim credits as he does not accept he is incapacitated, (b) could never have established a right to IB due to his lack of NI record and (c) there was no question as to his incapacity in practical terms as he is an inpatient, and so should have been allowed to claim IS by simply supplying his Med 10.

Problem has now gone away for various practical reasons, but because of the particular client group I work with, it occurs to me I may see this again, and so need to be forwarned! Thanks again.