Sickness Benefit (Hansard, 15 July 1993)

§ Mr. Michael Forsyth

Responsibility for the subject of the question has been delegated to the Service agency under its chief executive. I have asked him to arrange for a reply to be given.

Letter from Mr. J. Turner to Dr. Lynne Jones, dated 15 July 1993:

As the Service is an Executive Agency, it is the responsibility of Mike Fogden, the Agency's Chief Executive to answer Parliamentary Questions about relevant operational matters. In his absence, I am replying to your question to the Secretary of State about the issue, by our Client Advisers, of letters asking doctors to advise clients on their capability for work.

It may help if I explain that everyone claiming un benefit (UB), credits of National Insurance contributions and Income Support (IS) as an unemployed person must be capable of. available for and actively seeking work. ES receptionists and advisers have a key role in making sure clients understand and meet these conditions. Where evidence suggests clients are not meeting them, then our people investigate why and explain the alternatives which may exist. This may include helping clients who are not entitled to UB get an alternative benefit such as Sickness Benefit.

Guidance to ES local office receptionists and advisers, when dealing with new claims for UB, therefore requires that they sensitively prove the issue of capability to find out if there is a current claim to Sickness Benefit; or if the client believes they have a health problem which stops them from working. Only where there is a doubt about whether a client is capable of work, and the client is willing to seek further advice from their GP will an adviser suggest they seek medical advice. If the client does not wish to seek further advice but our people have doubts about their capability for work, their claim will be taken and referred to an independent adjudicating authority for a decision on entitlement.

Where a client is already claiming UB but states they are not capable of work, an ES adviser will assess whether there is a more appropriate benefit and seek to facilitate a smooth transition if appropriate. As part of this process an adviser may suggest the client seeks their GP's advice about their capacity to work. To explain the situation to the GP the adviser will send them a letter (Annex 1) explaining why the client is seeking their opinion. The client is also given a letter to make clear to them that they are seeking medical advice on their own behalf, not on behalf of the ES (Annex 2). The use of these letters also makes sure that a consistent approach is maintained across the network of our local offices. I have also attached (Annex 3) a copy of the guidance available to advisers on the issue of these letters.

I hope this is helpful.

As decided by the Administration Committee of the House of Commons, Chief Executive replies to written Parliamentary Questions will now be published in the Official Report. I will also place a copy of this letter in the Library of the House.

612W

Anenx 1

ES Guide 39

Appendix V4

(para V17)

Letter to GP Explaining Advice Given to Client by Client

Adviser

The Employment Service Employment Department

Date

I am the Client Adviser at………benefit office; part of the Service. I give advice to unemployed people to help them find suitable work and provide information about the benefits which they may receive. I also have to ensure that people satisfy the conditions of entitlement for receiving Un Benefit, Income Support and/or credits of NI. One of the main conditions laid down in the Social Security Act 1975 is that the client must be capable of taking up suitable work.

When I interviewed your patient on………^*he/she informed me that they had health problems that prevents them undertaking any. In these circumstances I have had to suggest that ^*he/she should seek your advice about their fitness for Employment.

If in your opinion ^*he/she is incapable of all work then you will no doubt advise your patient in accordance with your own clinical judgement.

Should you advise your patient that ^*he/she is capable of work then it will be necessary for them to see me again to reconsider their claim to un benefit, income support and/or credits of NI.

Client Adviser

^*Cross out the one which does not apply.

613W

Annex 2

ES Guide 39

Appendix V3

(para V17)

Letter to Client Suggesting they Seek GPs Advice

The Employment Service Employment Department

Date

When I saw you on………about your claim for unemployment benefit, you told me that you had a health problem which prevented you doing any work. This means that you do not seem to be capable of and available for work, which is one of the main rules for payment of unemployment benefit (Social Security Act 1975).

In these circumstances I had to suggest that you seek your doctor's advice about your fitness to work. Please take this letter with you if you decide to go to see your doctor.

^*I would like to see you again on………

at………

Client Adviser

^*Cross out if it does not apply.

Annex 3

ES Guide 39

Current claim—no medical evidence

VI6 If the client has an established claim to benefit and states during an interview that they:

a have recently been disallowed Sickness or Invalidity Benefit, and
b wish to appeal against the DSS AO's disallowance, and
c their doctor is not issuing sickness certificates, and
d their medical condition has significantly deteriorated since they last visited their doctor or
e are not capable of undertaking work; and.
f have not seen their doctor;

V17 If the client agrees to see their doctor, complete and give them a copy of the letter in Appendix V3. Write to the GP using the letter in Appendix V4 explaining the reason for the client's visit, enclosing a copy of the letter issued to the client to avoid confusion between the client and the doctor as to why medical advice is being sought about their capacity for work. Make sure the client knows they are seeking medical advice on their own behalf, not on behalf of your or the ES.

614W