Had an interesting email today (1st April 2009) from someone who received a request to complete an IB50 (Incapacity Benefit) application pack. I have seen copies of the letters.
We encountered a problem with this last year. Click here for the original story & here for the part of the law/statute or here on the Benefits & Work website.
Matters have changed a little, and following some research it seems that Atos Origin the medical advisors to the Department for Work & Pensions (DWP) now seem to be sending out these IB50 forms. However if you wish to supply information such as medical documents it seems you must still send these to the DWP, just to confuse matters. It also seems that these IB50 forms are looking to cover mental health (like the ESA form).
My research also finds that the situation is the same as first reported. If you receive Higher Rate Care Component of Disability Living Allowance you remain exempt from re-assessment and the Personal Capability Assessment (PCA). Telephone ATOS if you get this form and ask them why they have sent it to you. Quote the law/statue that exempts you. Also call the Department for Work & Pensions to make sure they also realise you should not be subject to such a re-assessment. As always seek advice from a Welfare Advice Worker if you are unsure.
If you do not receive Higher Rate Care Component of Disability Living Allowance and do not have any of the other conditions listed in the statute. It is likely that when you were last assessed for Incapacity Benefit you were told when to expect your next review. It seems that in this situation, if you have been sent an IB50, even if your review is not due, you must complete it. Please confirm this with a Welfare Support Worker though this is pretty much what the research is telling me.
There has been much confusion over people getting these IB50 forms. This is due to the introduction of the Employment and Support Allowance (ESA). Of course there is a plan to migrate all existing Incapacity Benefit claimants over to the new ESA Support Allowance in due course, by 2013. The process is not clear but it is expected you would be sent an ESA50 form to complete. You would also have to undertake a Work Capability Assessment (WCA).
I found "Message 6" on the BBC's Ouch forum "Anyone filled in an IB50 for mental health" interesting and worth a read - click here.
Please comment or email me to john@tcell.org.uk to let me know if you come across differing information. I have to say that it is difficult to pull all the strands together as it seems really confused out there.
I have several issues with this process and shall raise them to get some answers.
PDF version
1. Following the ESA/IB alignment and the introduction of the new computer system Medical Services Referral System (MSRS) all the IB50 forms are now issued by and returned to Atos Origin Medical Services on behalf of the DWP. Medical evidence as in medical certificates are still required by the Jobcentre Plus Business Delivery Centre (BDC).
2. There is a requirement for Jobcentre Plus to review all cases at regular intervals. However, this does not mean all customers will be called to examination if it is clear at scrutiny that they are still within the accepted definitions of exemptions for the Personal Capability Assessment.
3. Jobcentre Plus are unaware of any customers were receiving any reviews before the due date. The review date is the suggested date provided by the Atos Origin Medical Services Health Care Professional (HCP). This is put into the system and produces a prompt at the due date. The only times Jobcentre Plus would call a customer in prior to this would be if they notified a change of circumstance/change of health condition.
If you would like any more information on the process or if you have any questions/concerns, the person who can provide you with the information you need is Monica Swithenbank who is part of Jobcentre Plus-Products & Transformation Division. Monica can be contacted on the following details. Email - monica.swithenbank@jobcentreplus.gsi.gov.uk