Incapacity bebefit --personal capability assesment

doelani

I have this week been notified I am entitled to IB and a few days letter DLA, I am getting High rate DLA for Personal Care.

Does this make me excempt from having to do a PCA for my IB? When I applied for IB I did not know I was getting DLA, should I inform them I am now recieving this at the High Rate?

Thanks

Ted_Hutchinson

Incapacity Benefit Handbook for Doctors
2.1.1 Determination by an Decision Maker with or without advice of an Approved doctor
The following medically exempt categories can be determined by an Decision Maker:
People in receipt of the highest rate care component of Disability Living Allowance.
People who are terminally ill (people suffering from a progressive disease where death as a consequence of that disease can reasonably be expected within six months).
People suffering from any of the following severe medical conditions:

• Tetraplegia
• Paraplegia, or uncontrollable involuntary movements or ataxia which effectively render the sufferer functionally paraplegic
• Persistent vegetative state
• Dementia
• Registered blindness [that is registered blind in a register compiled by a local authority under section 29(4)(g) of the National Assistance Act 1948 (a) (welfare services) or, in Scotland, has been certified as blind in a register maintained by or on behalf of a regional or island council.]
• Claimants who are assessed as 80% disabled for Severe Disablement Allowance, Industrial Injuries Disablement Benefit or War Pensions Purposes.

The guide goes on to list those people who are PCA exempt and where Exemption requires the Decision Maker to consider the advice of an
approved doctor so other readers may wish to click the above link.

So doelani is clearly in an exempt category and should not be called for a PCA. However it does sometimes happen that a person who is in an exempt category gets a call to attend a PCA. Usually a phone call to the local office and a request that the Decision Maker considers whether the DWP computer has made a mistake and issued a request to attend a PCA in error will result in you not having to attend.

On no account should you fail to attend without the express permission of the Decision Maker. If the DM is intransigent then you should attend the PCA but start the session by politely pointing out to the assessor that you have DLA high care rate and were wondering if you should have been called and would like the assessor to explain the legal basis for continuing with the assessment. At no point should you refuse or appear to refuse to submit to a PCA assessment. Refusal to submit is a ground for benefit to be withdrawn as is non-attendance for a PCA. IT IS MOST LIKELY YOU WILL NOT BE CALLED so don't worry about potential conflict but be reassured the law is on your side.