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You get an IB50 form to fill in but are on Higher rate personal care of DLA

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John
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Joined: 09/03/2008

 If you currently receive Incapacity Benefit and have been sent an form IB50 to complete (you will find the reference number on the bottom of the form). If you also get the "Higher Rate" allowance for personal care of Disability Living Allowance.

You should be aware of Statutory Instrument 1995 No 311. The Social Security (Incapacity for Work)(General) regulations 1995. Part II - General Provisions Relating to Incapacity for Work.<

You are exempt from this process and do not have to fill in the form. Telephone your DWP office and ask them why? you have been sent this.

"CHAPTER III

PERSONS TREATED AS INCAPABLE

Certain persons with a severe condition to be treated as incapable of work

          10.—(1)  A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.


          (2)  The circumstances are—

             (a) that he is in receipt of the highest rate care component of disability living allowance;

             (b) that he is suffering from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months;

             (c) that he is a blind person whose name is on a register compiled and maintained by a local authority under section 29 of the National Assistance Act 1948[7] (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council;

             (d) that he is suffering from any of the following conditions—

                   (i) tetraplegia;

                   (ii) persistent vegetative state;

                   (iii) dementia;

                   (iv) paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic; 

             (e) that a doctor approved by the Secretary of State has certified that he is suffering from any of the following conditions—

                   (i) a severe learning disability (which, for the purposes of this regulation, means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning);

                   (ii) a severe and progressive neurological and muscle wasting disease;

                   (iii) an active and progressive form of inflammatory polyarthritis;

                   (iv) a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;

                   (v) dense paralysis of the upper limb, trunk and lower limb on one side of the body;

                   (vi) multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;

                   (vii) a severe and progressive immune deficiency state characterised by the occurrence of opportunistic infections or tumour formation;

                   (viii) a severe mental illness. "

 

Note at time of writing the process for migration is not clear - If you are have received a form ESA50< this is likely for migration from Incapacity Benefit to Employment & Support Allowance and the ABOVE exemption doesn't apply.

Those under 25 years of age will be migrated during 2009 from Incapacity Benefit to ESA with those over 25 years old from 2010 onwards.<

anonymous (not verified)
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Hello All

In January 2008 I received the dreaded DBD551 which I completed and sent back. Months ticked by and my life was put on hold. In December I received a DLA556 which I completed, but there were some issues surrounding the initial HFR (T) form sent back from my Consultant which had to be cleared up.<
During that time I suffered huge amounts of stress and anxiety and constantly was worrying about how I was going to survive if I lost my DLA (I weigh 7 stone have a host of symptoms and a CD4 of 80)<
It got so bad that I panicked every time something came through the letterbox.<
Just before Christmas I revived a letter stating that my DLA was to remain the same. No mention of if I was being moved from Special Rules to Normal Rules. However, I was hugely relieved and finally felt that I was able to breathe again.<
Christmas was somewhat better although I feel for me that it is going to take a while to get over the stress that I was under. Looking forward to the New Year and erase the horror of 2008 I woke this morning to find an envelope from ATOS Disability Services, asking me to complete an IB50.<
I know that I am exempt as I am on DLA Higher Rate, but the stress is starting again and I just wish they would simply leave me alone, at least for some time to recover.<
Just before I send it back, am I right to assume that nothing has changed in terms of the law? I get the feeling that the DWP seem to be hell bent on finding ways to terminate my benefit by throwing forms and paperwork at me.<
In the absence of no mention of any changes to my DLA am I to assume that I remain unchanged on Special Circumstances? Does this affect any reason as to why I have been now thrown a IB50? I am totally at a lost as to why I have been sent this, particularly so soon after a decision to remain on Higher Rate DLA.<

I am desperately trying not to start panicking again... so I guess I am just looking for re-assurances.

anonymous (not verified)
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The dreaded IB50 form landed on my doormat this morning with a thump. Even looking at the form makes me feel ill.

Would the fact that I am HIV+ (for 13+ years) and have previously suffered from PCP and tuberculosis (twice) be grounds for me to claim exemption from the IB50 form & self assessment test under rules e (iv) & e (vii) ?

John
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Joined: 09/03/2008

We need to be clear on this. 

If the IB50 is for the purpose of reviewing your existing claim than the rules apply. If you are being assessed for Employment & Support Allowance you should get a different numbered form.

With respect to the last comment. You can of course argue exemption under the quoted law supplying appropriate medical evidence in support of your position. 

I have to ask why you have not claimed for Disability Living Allowance? 

The exemption is clearer here as receipt of Higher Rate Care and entitlement has already been established. You would have to establish your exemption if you do not receive this DLA component.

The burden of proof you meet this criteria is down to you.

If you need more time to complete the form ask the DWP.  If you complete the form do so first in pencil then review it after a few days, you will be surprised of what you have forgotten to say.

anonymous (not verified)
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Hi John. Thanks for your reply to my post. I am in receipt of DLA - the HM component but only the middle rate care component so am not auto exempt from the form. I thought I may have been exempt due to previous medical evidence but the DWP confirmed that I need to fill it in.

My councellor has helped fill the form in & it was sent back to Atos. I note in other posts you advise contacting Atos. I've tried to do this today to check that they've received the form but it proved impossible. There's no telephone number for them on their letter. I phoned the DWP who gave me a number for them. This number disconnected me three times & when I finally got through to someone she was quite shirty telling me to go back to the DWP & asking HOW I had obtained that number.

I explained the form had been sent to Atos & (therefore) it would be Atos that could tell me if it had been received. She refused to give me the information or an alternative number at Atos & expressed that she was sick of the DWP giving that number out to claimants. The DWP are now helpfully chasing it up for me but it seems there is something fundamentally wrong with the interaction between the two. Atos were quite unpleasant to me leaving the DWP apologising for something that wasn't their fault.

Has anyone else had any joy communicating with Atos?

John
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Joined: 09/03/2008

 

1) Part of the problem with this system as I understand it. Is that the form goes back to ATOS BUT any supporting evidence i.e. medical reports you may wish to submit should be sent to the DWP. Check the letter from ATOS as it should mention to whom you are to send what?. Yes I know its confusing but this is the DWP.

Please let the DCS know http://www.dwp.gov.uk/lifeevent/benefits/dcs/contact_dcs.asp< of any issues you have via the feedback email at the bottom of the page.

This will not be news to them as I have contacted them & THT who sit on the advisory panel about this matter before.

2)Just be mindful that if you have such a problem that you say you wish to make a complaint (use that word) and insist/require a written response should you have similar problems with ATOS. These complaints are then lodged and reported on.

It will also form part of your record and if ATOS have been responsible for not following "due process" this complaint may well form part of a body of evidence should you need to challenge any decision through the appeals process.

 

 

Anonymous (not verified)
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 is there a system to support those around 50 years old who have  chronich fatigue syndrome and M.E. my friend has a review form .hes very stressed and cares for his wife who is recovering from thyroid cancer

he has the form to complete -is there someone? a link ? i can assist and send them ?

thanks

John
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Joined: 09/03/2008

Normally help is available from the Citizens Advice Bureau< or a charity related to a medical condition. Action for ME< maybe able to also assist.  The new benefits process is stressful but take it step by step, be as complete as you can on the forms and provide medical supporting evidence where you can. 

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