IB50 Form

DM = Decision Maker.

For other abbreviations see DWP ABBREVIATIONS & SOURCES OF MEDICAL EVIDENCE. in the Spotlights Area

Hi Gareth,

I wasn't aware that The Social Security (Incapacity for Work) (General) Regulations 1995 had been repealed ?

Have you got a link ?

Thanks.

Jim

Hi Jim

As far as I know it hasn't, however in light of the current confusion (in my case anyway) surrounding the issue of IB50s & IB113s I was asking if it had been repealed because if [all] IB claimants (at renewal) are now receiving an IB50 then upon reciept of the IB50 an IB113 is sought then that would suggest that exemption from the PCA, as defined in the above SI, has been implemented, unless of course I've completely misunderstood all this thread!

Gareth wrote:

Hi Jim

As far as I know it hasn't, however in light of the current confusion (in my case anyway) surrounding the issue of IB50s & IB113s I was asking if it had been repealed because if [all] IB claimants (at renewal) are now receiving an IB50 then upon reciept of the IB50 an IB113 is sought then that would suggest that exemption from the PCA, as defined in the above SI, has been implemented, unless of course I've completely misunderstood all this thread!

The Social Security (Incapacity for Work) (General) Regulations 1995 have not as yet been repealed, just the procedure for the issue of form IB113.

Under the old procedure the issue of the IB113 at the outset could confirm a claimant's exemption. The only exception to this procedure was if the GP failed to return the IB113, or it did not contain sufficient information to determine exemption and the claimant was consequently sent an IB50. On receipt of the IB50, exemption could be confirmed under the medical scrutiny procedure.

Under the new procedure as I understand, an IB50 or ESA50 is issued by Atos immediately as a matter of routine. A decision is then made on the basis of the information on the form.

It could be argued that once an IB50 has been issued the previously exempt claimant has been subject to the PCA and this flies in the face of The Social Security (Incapacity for Work) (General) Regulations 1995. This is certainly a valid point and could be put to Atos, but they appear to be a law unto themselves now.

For clarification I would suggest that the OP contacts Atos perhaps in the first instance by telephone, and then in writing, to find out whether the completion of the IB50 is necessary?

As is the norm these days, the situation is as clear as mud with welfare reform and existing IB claimants, and I for one would be interested to know from Atos exactly what is happening in this respect?

Crazydiamond wrote:

The Social Security (Incapacity for Work) (General) Regulations 1995 have not as yet been repealed, just the procedure for the issue of form IB113.

Under the old procedure the issue of the IB113 at the outset could confirm a claimant's exemption. The only exception to this procedure was if the GP failed to return the IB113, or it did not contain sufficient information to determine exemption and the claimant was consequently sent an IB50. On receipt of the IB50, exemption could be confirmed under the medical scrutiny procedure.

Under the new procedure as I understand, an IB50 or ESA50 is issued by Atos immediately as a matter of routine. A decision is then made on the basis of the information on the form.

It could be argued that once an IB50 has been issued the previously exempt claimant has been subject to the PCA and this flies in the face of The Social Security (Incapacity for Work) (General) Regulations 1995. This is certainly a valid point and could be put to Atos, but they appear to be a law unto themselves now.

For clarification I would suggest that the OP contacts Atos perhaps in the first instance by telephone, and then in writing, to find out whether the completion of the IB50 is necessary?

As is the norm these days, the situation is as clear as mud with welfare reform and existing IB claimants, and I for one would be interested to know from Atos exactly what is happening in this respect?

This really does open up a can of worms!

Do you know when was the "procedure" for the issuing of an IB113 was changed and who initiated it, did it come from the DWP or was it something ATOS took upon itself? As you rightly say there is a Statutory Instrument in place and (as far as we know) still in force which states that claimants with certain medical conditions do not have to undergo the PCA which in practice means the issuing of the IB50.

ATOS may think they are above the law and can thus ride roughshod over it but in practice I very much doubt they can.

As CD has suggested I agree that the OP should contact ATOS and point out that there is a Statutory Instrument in force (quoting it if necessary) which contradicts what they are doing. I would also suggest the OP contacts his/her MP and explain what's going on with respect to ATOS appearing to ignore Statutory Instruments.

Cant find the abbreviations or spotlight section of website so whos OP, is that little 'ol me? or is it somebody to update the factsheet to reflect current situation. Somebody needs to get a clearer picture on this as a lot of people accessing the factsheet are in for a surprise

I dont see how management in ATHOS could have the bravado to alter procedures that are written in statute. What about the turn around time if I have to involve my mp as my form needs to be in within 3 weeks or so. Is this all the clarification I am going to get that its unclear , Meanwhile ATHOS can do what they want? Does it matter if I just fill in the form and send it back? or will this lead me down a more rocky path.

I filled out the ib50 form before when I got the IB, perhaps they never sent a 113 to my GP and gave me the exemption on my medical condition without any further proof.

I feel quite concerned........