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
User offline. Last seen 9 hours 47 min ago.

 If you currently receive Incapacity Benefit and have been sent an form IB50. 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. "

anonymous (not verified)
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Why will they not leave me alone?

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.

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