Attendant Care Benefits under SABS: Is applicant required to submit an OCF18 for in home assessment to generate Form 1?

Section 42 of the SABS governs the procedure for applying to the benefit. Under section 42 1(a) (b) 42.2 the application for claiming attendant care benefit is Form1.

Therefore, once the eligibility test under section 14 is met, the applicant under section 42 1.(a) is required to submit a Form 1. There is no requirement to submit an OCF 18 for an in-home assessment to generate form 1.
The OCF 18 are required under section 38 of the SABS for treatment and assessment to address medical and rehab benefits only and not attendant care benefits.

If MIG is in dispute and the insurer receives a Form 1 with OCF 21 the insurer has the ability to deny the attendant care for not meeting the eligibility test under section 14 and to deny the OCF 21 under section 25(2)

Thus, what needs to be disputed is an OCF 21 pertaining to the cost of in-home assessments where the insurer is holding the applicant under MIG, the attendant care benefit in the amount indicated on Form 1 and the MIG

Where MIG is not in dispute, the insurer is required to pay for the OCF 21 for an in home assessment to generate Form 1 under Section 25.(1)4.
The insurer still can deny what it considers as unreasonable cost and the applicant can still dispute the denied portion.

If my observations are correct, then the insurers have failed in their duty imposed under section 32 (2(C) “ information to assist the person in applying for benefits”  by failing to point out that an OCF 18 for an in-home assessment to generate form is not  required and the applicant is entitled to submit a Form 1 accompanied by an OCF 21 towards the cost of in-home assessment, where the applicant was removed from the MIG.

The applicant does not require the permission of the insurer to apply for the benefits.

FINANCIAL CONSEQUENCES TO INSURER:
With this approach, if the applicant has disputed MIG, Attendant Care Benefit in the amount of Form 1 submitted and the OCF 21 for Form 1 and if the applicant  was successful at MIG, then the attendant care benefit would be deemed incurred under SABS section 3(8) as Form 1 is already on file and the LAT will have to order the payment of attendant care benefit as per Form 1  and also to pay the OCF 21 for generating Form 1.

I recall a Divisional court decision, where the insurer asserted to have denied the OCF 18 for in home assessment to generate Form 1 under section 25(2) and the court ruled that the OCF18 are submitted under section 38 of the Schedule , therefore the provisions of section 38(8) to respond within 10 days of its receipt would apply. The answer to this anomaly is under section 42 which requires the applicant to submit Form 1 and the insurer to adjudicate the invoice/ OCF 21 and not an OCF 18 under section 25.(1)4 and 25 (2).
Thus a dispute regarding OCF 18 for in home assessment for Form 1 is an exercise in futility.