Medical without IB50

I have a client who has been called for a medical in connection with his IB but he has not been sent an IB 50.
I had a tribunal some time ago where the doctor’s report let slip that he had not seen the IB50 before examining the client; the chairman stopped the tribunal immediately and allowed the appeal.

Does anyone know the rule or reg. that says that there must be an IB50 before the PCA?

I can’t find it anywhere so would be grateful for any help.

Pete @ Scarborough CAB

Reg 6(1)(b) of the Social Security (Incapacity for work)(General) Regulations 1995 - but only that the Secretary of State may request information - they don’t have to.

The WCA Handbook guidance manual for health care professionals says:

“In preparation for the [ESA/LCW] interview, you should read carefully the documents in the file /on MSRS. All the medical evidence should be considered, including any medical certification, Factual Reports, previous papers and other documents, including Tribunal documents. Particular attention must be paid to the current claimant questionnaire [ESA 5O] and all areas where the claimant indicates that there may be a problem must be fully explored. “

One could argue that the same principles should apply to IB.

For ESA as for IB there is no requirement that they have to have an ESA50 - reg 21(1)(b) - any information as may be requested… operative word here being may, not will or must.

That is different though from the situation where an ESA50 or IB50 is stated to have been used in evidence but has not been produced. The tribunal is then denied sight of evidence used in the decision, raising questions as to whether the Secretary of State has failed to discharge the burden of proof