Emailed to me from Jim. Edited as requested.
"I was talking with a Benefits Advisor this morning at my local hiv support service and mentioned to her that I had received an IB50 Incapacity for Work Questionnaire.
She queried the fact that as I was on the Highest Rate of Care Component on DLA that this was not necessary to complete. She then accessed on the web the regulations - link below
http://www.opsi.gov.uk/si/si1995/Uksi_19950311_en_1.htm
She then pointed out that under Part II Chapter III Paragraph 10 the first caluse under 2(a) states
exemption due to "that he is in receipt of the highest rate care component of disability living allowance".
Subsequently we phoned my DWP office and when I spoke with the agent he at first said that he was unaware of this exemption but on checking came back on the phone and said that this is correct and that I should ignore the form and that he would be advising Medical Records who would amend my records accordingly - and that I would be receiving a letter outlining my new next year benefit (I intend to check up again in a week's time by phone just to be sure that it has been amended as stated).
So it may be that you were/are aware of this, but thought that it may be wise to put it out there for anyone else in the same situation."
Thanks for this.
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2 comments:
in the same chapter at v111 it says that a person with a severe immunoficiency state characterised by opportunist infections, (surely this would be a person with a very low cd4 count)
Thanks for this.
Once Correction you refer to Statutory Instrument 1995 No. 311 Chapter 3 Clause 10 Paragraph 2 (e) (vii).
John.
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