Exemption from PCA

I have a client with an active and progressive form of inflammatory polyarthritis, confirmed by her GP. She was sent an IB50 three years ago which we didn’t return to the DWP, I wrote instead and gave them Reg 10 (e)(iii). They seemed to accept it and carried on paying her IB without a problem.

She’s just been re-referred to us for the same issue. This time the DWP have said that the IB50 is not part of the PCA, therefore she has to fill it in. They also say that the PCA and ‘the medical’ are different things, and that she can only be exempt from the medical, not the PCA and that they will ‘scrutinise’ the IB50 to determine whether she is exempt from the medical. I’m saying that the IB50 and The Medical form the PCA and that the reg. clearly states that if medical evidence shows (e)(iii), she should be treated as incapable of work without being subjected to the PCA.

Who’s right? Can I make them give me this decision in writing and appeal it? I really don’t think she should have to fill in the IB50…

Any comments much appreciated, ta.

I’m annoyed because their own guidance (para 13401) states that a claimant does not need to fill out the questionnaire if the DM has sufficient information to carry out the PCA - which they do in this case.

Just spoke to them actually and they’ve decided to agree with me, so that at least stops my client having to go through the IB50 rigmarole…