no ib113 sent

incap99 wrote:

but why was my expmetion ended, what regulation did they they use to end it? who decided wot was time for it to come to end?

and stop talking about apeal tribunrals, the is decison maker level stuff.

if im not exemtomt then thats fine if thats the case

where are the regulations to be found on what the law says should happen.??

You asked the question, so I am giving you the answer.

As your appeal tribunal is next week, I would assume that you have already completed and returned form IB50. If so, rightly or wrongly Atos acting on behalf of the DWP have decided not to issue an IB113, which effectively means that they do not consider that you fit into an exempt category.

It may well be the case that you pass the PCA following your medical assessment, at which point the question of the issue of the IB113 will be irrelevant. However, if you fail the PCA and you wish to argue that the exemptions as defined in The Social Security (Incapacity for Work) (General) Regulations 1995 should have applied to your circumstances, this can be done before the decision maker by way of a reconsideration. If however the decision maker refuses to reconsider the decision, then it will be a matter for an appeal tribunal if you exercise your right of appeal?

My response was to inform you what to consider in the light of having to lodge an appeal against the fact that you believe you fit the exemption criteria? At this stage, the matter will have progressed well beyond the duty of the IB decision maker.

In a direct answer to your questions:-

(1) Only Atos and/or the DWP can answer the question as to why your exemption ended?

(2) There is no requirement by way of legislation to remove a claimants exemption. The only possible exception would be if you were in receipt of the higher rate care component of Disability Living Allowance?

(3) Again, only Atos and/or the DWP can answer the question as to why it was time for your exemption to come to an end?

The relevant legislation for PCA exemptions is HERE.

im not at a appeal next week im at a medical (but now i have a doctors note saying i am unable to attend and my condition has not changed)

sorry if im not making myself clear here i think ive explained.

dwp will be anseewing the questions bcause im going to get them to anser the questions in writing


my last appeal was a few years ago, the tribunral found me exempt - regulation 27 server mental illness as difined (over turning a decions makers descion to stop my benifit when using a atso medical report as the only evidence.) i have won 3 other appeals prior to this and had one atos doctor exepmt me (so thats 2 exemptions in total)

now move forward to now, someone sent me a ib50 i did not fill it in for the reasons of previous posted (they never took any action about me no filling in the ib50 and instead sometime llater sent a appointment for a medical with atos)

nothing has changed in my condition so i think i should be exempt, doctors not saying my condtion has not changed)

i will be asking the dwp why my exemption had ended, when i have evidence it should not be ended

it is not a good idear for them to send me for a medical if there is risk to myself or others

i will be showing them this evidence.


i will tell u the anser as to why my expemtion had ended when i get a respones.

Crazydiamond wrote:

incap99 wrote:

but why was my expmetion ended, what regulation did they they use to end it? who decided wot was time for it to come to end?

and stop talking about apeal tribunrals, the is decison maker level stuff.

if im not exemtomt then thats fine if thats the case

where are the regulations to be found on what the law says should happen.??

You asked the question, so I am giving you the answer.

As your appeal tribunal is next week, I would assume that you have already completed and returned form IB50. If so, rightly or wrongly Atos acting on behalf of the DWP have decided not to issue an IB113, which effectively means that they do not consider that you fit into an exempt category.

It may well be the case that you pass the PCA following your medical assessment, at which point the question of the issue of the IB113 will be irrelevant. However, if you fail the PCA and you wish to argue that the exemptions as defined in The Social Security (Incapacity for Work) (General) Regulations 1995 should have applied to your circumstances, this can be done before the decision maker by way of a reconsideration. If however the decision maker refuses to reconsider the decision, then it will be a matter for an appeal tribunal if you exercise your right of appeal?

My response was to inform you what to consider in the light of having to lodge an appeal against the fact that you believe you fit the exemption criteria? At this stage, the matter will have progressed well beyond the duty of the IB decision maker.

In a direct answer to your questions:-

(1) Only Atos and/or the DWP can answer the question as to why your exemption ended?

(2) There is no requirement by way of legislation to remove a claimants exemption. The only possible exception would be if you were in receipt of the higher rate care component of Disability Living Allowance?

(3) Again, only Atos and/or the DWP can answer the question as to why it was time for your exemption to come to an end?

The relevant legislation for PCA exemptions is HERE.

also atos should consider i am exempt, as at the tribunral the other year they decided i was exepmt, what right has atos got to over rule a tribunrals decision to award me exepmtion?

i had this response from dwp a few weeks ago when i first brought it to there attention that i thought i was exepmt

this is the response (this is not a response to a compliant only a inquire)

1st they said " i have withdrawn the referal for the pca until we can determine where the assesment is required.

then this although a descion notice from appeal does state that you are emempt this is not a indefinite decsion and you are sill subject to a pca you were given a 3 yeap review date from your previous medical examination which is now due)

i have referd you back to atos who may arrange a interview"

ai just have so many anserws to my questions:


you were given 3 year revew date of your pervious medical

yes biut a week or so later after the above medical a dm stopped my benfit for not scoring enough points.

what happend at appeal when they made me exempt? when would this expemtion of started? would it start from the date the dm stoppped my benifit because of not enough points.

the tribunral said i was exempt from the pca, no dates or anything, all that was said is exempt from pca, now the pca happened before the dm stopped my benifit didnt it? - tribunral says im exempt from pca.............

It sounds like you have been through a similar level of horror at the hands of the IB system and its medical process to me.

I think the three year exemption period would go from the date of the medical rather than the tribunal date, but someone please correct me if i'm wrong.

As i said in my last comment - the correct procedure (had the DWP/Atos not changed the rules in 2008 without letting claimants know) would be to write to your doctor to consider a further period of exemption.

If you have told them you are not well enough to attend the medical - you refer to 'exceptional circumstances' type reasons - hopefully they will either consider the letter you already have from your doctor or send out an IB113 for them to complete.

I hope they give you a further period of exemption and it is resolved as quickly as possible as it is obviously causing you a great deal of distress.

I think you have to be aware that there is a question mark over how people with prior IB exemptions will fare when it comes to the reassessment (migration) process which starts next year.

I hope you have some emotional support with all this.

Best wishes