UK: Disability benefits (UC, ESA and PIP) - news and updates 2023 (including government plans to scrap the work capability assessment)

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"Amending the LCWRA Substantial Risk regulations to realign Substantial Risk with its original intention of only applying in exceptional circumstances. We will specify the circumstances, and physical and mental health conditions, for which LCWRA Substantial Risk should apply. This will include protecting and safeguarding the most vulnerable, including people in crisis and those with active psychotic illness. We will work with clinicians to define the criteria and what medical evidence is required from claimants and people involved in their care, to ensure the process is safe, fair, and clear."

i wonder if ME/CFS will be specifically included, or indeed otherwise.
 
from Autumn statement live updates (benefitsandwork.co.uk)
Changes to the WCA revealed
A DWP press release has set out the changes they plan to make to the WCA:

  1. Remove the ‘Mobilising’ part of the assessment that currently places people into a group where no work preparation is required – this will reflect that many of the claimants with these issues in the modern world of work will be able to undertake some work or work preparation with the right support
  2. Amend the regulations that determine whether mental health issues are assessed as putting claimants at ‘Substantial Risk’ if they are required to undertake any level of work preparation - these amendments will realign the regulations with the original intention of applying only in exceptional circumstances, whilst still protecting and safeguarding the most vulnerable
  3. Reduce the points awarded for some of the Limited Capability for Work (LCW) ‘getting about’ descriptors, reflecting the rise of flexible and home working opportunities in modern workplaces.
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There isnt an emoji for the depth of despair i am in right now. There is no way for me to stay in the LCWRA or SG at next assessment after this is imposed. You only need 15 points to qualify for the LCW group, i score 96 across the rest of the descriptors but the only SG descriptor i qualified for was the mobilising one.
I mean i do get that someone who is perfectly health but cant mobilise 50m due to a bad leg or something, should be able to do *some kind of WRA, from home. But they refuse to grasp that many people are ILL
 
"Amend the regulations that determine whether mental health issues are assessed as putting claimants at ‘Substantial Risk’ if they are required to undertake any level of work preparation - these amendments will realign the regulations with the original intention of applying only in exceptional circumstances, whilst still protecting and safeguarding the most vulnerable"
That's interesting. I guess this will hinge on whether ME/CFS will be defined as physical then. It should be obviously, and going back a long way it always has been in terms of benefit awards. but ofc i'm sure we all know the drill here
 
think_that_it_might said:
That's interesting. I guess this will hinge on whether ME/CFS will be defined as physical then. It should be obviously, and going back a long way it always has been in terms of benefit awards. but ofc i'm sure we all know the drill here
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its got nothing to do with whther they define as physical or not, it will apply mostly to people who will likely commit suicide if they are forced into it, or would be likely to harm someone. Its about whether they deem it serious enough. I imagine it will cover conditions such as paranoid schizophrenia etc.

EDIT: i was wrong about this, pls see Simbindi's later post
 
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JemPD said:
its got nothing to do with whther they define as physical or not, it will apply mostly to people who will likely commit suicide if they are forced into it, or would be likely to harm someone. Its about whether they deem it serious enough. I imagine it will cover conditions such as paranoid schizophrenia etc.
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52. We recognise that not everyone who has mobilising limitations will be able to undertake work, and that remote or flexible working will not always overcome the barriers for claimants with more severe conditions. To ensure those with the most significant mobilising limitations are still protected we will retain the LCWRA Substantial Risk regulations for physical health. This means that where work preparation would lead to a deterioration in a claimant’s physical health they would still be assessed as having LCWRA and receive the additional financial top up. For this group any work preparation activity that is undertaken would be on a voluntary basis.

53. We will retain the LCW Mobilising activity and not make any changes to the points or descriptors within it. By retaining the points awarded for the LCW Mobilising descriptors, claimants meeting the top descriptor (15 points), and who are not at risk of a deterioration in their physical health, will be found to have LCW. They will not be expected to look for work but will be supported in undertaking appropriate work preparation activity by a work coach who will work with the claimant to identify what they are able to do safely and gradually to move towards work. They will not receive the additional LCWRA benefit entitlement that claimants who are assessed as having LCWRA currently receive.
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We rea11y need our ME charities to step up now and write to MPs and ministers to ensure they recognise the risk of serious deterioration for PWME if they are asked to engage even in WRA that is designed by uniformed work coaches (and even just having to try to engage with a work coach is too much for severe sufferers). It shou1d be high1ighted that these work coaches are not medica11y qua1ified. The one I had when in the WRA group refused to even 1ook at my medica1 fi1es (I brought them into my 2nd in person interview as evidence).
 
JemPD said:
There isnt an emoji for the depth of despair i am in right now. There is no way for me to stay in the LCWRA or SG at next assessment after this is imposed. You only need 15 points to qualify for the LCW group, i score 96 across the rest of the descriptors but the only SG descriptor i qualified for was the mobilising one.
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If they scored it accurate1y then I'd qua1ify on severa1 descriptors but the assessors don't do this. It's the same with the PIP. If they 1ooked at my scores they wou1d think I'm much 1ess severe1y impacted by both the ME and the autism/ADHD then I am (just because I can string a few words together).

When I receive my PIP '1ight touch review' I'm going to add fu11 answers on additiona1 sheets to make this c1ear now that the same company wi11 be doing the WCA and PIP reviews (and if 1abour get in they may keep the WCA unti1 they work out their own we1fare reforms).
 
think_that_it_might said:
lucky really that we can trust our charities to respond to these consultations so forcefully and put our case in such a way that makes it clear how much we'd struggle to work, oh hang on -
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Yeah @think_that_it_might, as of your question above it’s gonna be otherwise. For all the reasons that have applied historically but mainly to fuck over the LC cohort. Everyone said ‘don’t worry, they’ll be more research at least now with everyone falling out of the work place, dropping like flies, they’ll to start treating it seriously!’ I said they wouldn’t. Everyone started telling me that maybe I had depression and needed help. Call me and the rest of us, Cassandra, because well no they just need to up the punishments.

Did any ME charities apart from MEA respond to the consultation?

The MEA response is a disappointment. Underplays the seriousness of ME, as well as the potential consequences to claimants the point of being counterproductive. An astonishing misrepresentation.

Does Ellie JonesWelfare RightsAdviser understand welfare rights?
Or did Charles Shepherd and or Russell Fleming
Head of Communications
not understand the stakes
, what was required?

Hopefully @Simbindi as you mention maybe there is a full challenge hidden somewhere and what you linked to isn’t it.

But if not I assume that a contributing factor to the low effort content, is a certain complacency over who will be in government and who won’t be. But I’d be surprised if at least Charles Shepherd wasn’t aware that vintage New Labour brought in welfare reform and began the poisoning of the well, in public perception of disabled people in earnest. Payed the ground work for the coalition government to bring in austerity. Added to which Labour generally very keen to tow the austere line in the lead up to this election.

I really think MEA ought to take the threat to their members means of survival in this whole thing a bit more seriously. If only because the rhetoric around this will in and of itself endanger lives. Abuse against disabled people will likely increase. Social exclusion and shame will likely lead to suicides.
 
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52. We recognise that not everyone who has mobilising limitations will be able to undertake work, and that remote or flexible working will not always overcome the barriers for claimants with more severe conditions. To ensure those with the most significant mobilising limitations are still protected we will retain the LCWRA Substantial Risk regulations for physical health. This means that where work preparation would lead to a deterioration in a claimant’s physical health they would still be assessed as having LCWRA and receive the additional financial top up. For this group any work preparation activity that is undertaken would be on a voluntary basis.

53. We will retain the LCW Mobilising activity and not make any changes to the points or descriptors within it. By retaining the points awarded for the LCW Mobilising descriptors, claimants meeting the top descriptor (15 points), and who are not at risk of a deterioration in their physical health, will be found to have LCW. They will not be expected to look for work but will be supported in undertaking appropriate work preparation activity by a work coach who will work with the claimant to identify what they are able to do safely and gradually to move towards work. They will not receive the additional LCWRA benefit entitlement that claimants who are assessed as having LCWRA currently receive.
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So they recognise some peop1e who can't mobi1ise aren't ab1e to undertake even home working, but they wou1d on1y get the LCWRA if they a1so can't undertake work re1ated activity (which they wi11 argue can be as simp1e as making a 1ist of hobbies etc.). Which is effective1y cutting the benefits of peop1e who wi11 never be ab1e to work but can make a 1ist. It's Kafka writ 1arge.
 
Ash said:
I really think MEA ought to take the threat to their members means of survival in this whole thing a bit more seriously. If only because the rhetoric around this will in and of itself endanger lives. Abuse against disabled people will likely increase. Social exclusion and shame will likely lead to suicides.
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Yes. Abso1ute1y this.

It wi11 a1so break apart fami1ies.
 
I'd advise anyone fi11ing out either a WCA form or a PIP form to cite the fo11owing piece from the NICE guide1ines at the start. If you don't consider yourse1f severe, then you can high1ight that activity can (or has in the past) make your ME worse.

1.17 Care for people with severe or very severe ME/CFS

This section supplements the rest of the guideline with additional considerations for people with severe or very severe ME/CFS.
Awareness of severe and very severe ME/CFS and its impact
Also see the main section on principles of care for people with ME/CFS.

1.17.1 Be aware that people with severe or very severe ME/CFS may experience the following symptoms that significantly affect their lives, including their mobility, emotional wellbeing and ability to interact with others and care for themselves:
severe and constant pain, which can have muscular, arthralgic or neuropathic features
hypersensitivity to light, sound, touch, movement, temperature extremes and smells
extreme weakness, with severely reduced movement
reduced ability or inability to speak or swallow
cognitive difficulties that limit the person's ability to communicate and take in written or verbal communication
sleep disturbance such as unrefreshing sleep, hypersomnia and altered sleep pattern
gastrointestinal difficulties such as nausea, incontinence, constipation and bloating
neurological symptoms such as double vision and other visual disorders, dizziness
orthostatic intolerance and autonomic dysfunction, such as postural orthostatic tachycardia syndrome (POTS) and postural hypotension.

1.17.2 Recognise that symptoms of severe or very severe ME/CFS may mean that people:
need a low-stimulus environment, for example a dark quiet room with interaction at a level of their choice (this may be little or no social interaction)
are housebound or bedbound and may need support with all activities of daily living, including aids and adaptations to assist mobility and independence in activities of daily living (for example, a wheelchair)
need careful physical contact when supported with activities of daily living, taking into account possible sensitivity to touch
cannot communicate without support and may need to choose someone to be their advocate and communicate for them
are unable to eat and digest food easily and may need support with hydration and nutrition (see the recommendations on dietary management and strategies)
have problems accessing information, for example because of difficulty with screens, sound and light sensitivity, headaches affecting their ability to read, or brain fog affecting their concentration.

1.17.3b Personal care and support for people with severe or very severe ME/CFS should be carried out by health and social care practitioners who are:
known to the person and their family or carers wherever possible
aware of the person's needs.

1.17.4 Risk assess each interaction with a person with severe or very severe ME/CFS in advance to ensure its benefits will outweigh the risks (for example, worsening their symptoms) to the person. For people with very severe ME/CFS, think about discussing this with the person's family or carers on their behalf (if appropriate), while keeping the focus of the engagement on the person with ME/CFS.
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Ah, i stand corrected re the substantial risk rule, thanks for that. Will edit my post

From the benefits and work live updates on the autumn statement, now this...

Most people with LCWRA will never face a WCA reassessment again
The DWP response to the WCA consultation says that most people who have been assessed as having limited capability for work-related activity will never have to be assessed again.

The DWP say

. . . we will bring forward a new offer - a Chance to Work Guarantee for existing claimants on UC and ESA with LCWRA. This change will be effective from 2025, at the same time as WCA changes are introduced. This change will in effect abolish the WCA for the vast majority of this group, bringing forward a key element of our White Paper proposals and giving people the confidence to try work.

9. These changes will mean that almost all people who are currently assessed as having LCWRA will never face a WCA reassessment again. Reassessments will only take place under very limited circumstances, which are:

  • When a claimant reports a change of circumstances in their health condition;
  • If a claimant has been awarded LCWRA for pregnancy risk, or cancer treatment where the prognosis for recovery is expected to be short-term;
  • If a claimant has been declared as having LCWRA under the new risk provisions; and
  • In cases of suspected fraud.
10. For the overwhelming majority of existing UC claimants, this is a guarantee that they will not be reassessed if they try work, and it does not work out. ESA claimants undertaking permitted work will also not be reassessed. Therefore, for both groups, we will remove the barrier that trying work may mean they lose their LCWRA entitlement

DWP response to the WCA consultation published
The DWP response to the WCA consultation has now been published. They received 1,348 responses, which appear to have been overwhelmingly negative.

No changes will be made to:

Coping with social engagement

Continence

DWP say most existing claimants will not be affected
The DWP say in their press release that the new changes will not be introduced until 2025 and that most existing claimants will not be affected:

"These changes will not affect existing claimants whose circumstances remain the same, reflecting the need to ensure a continuity of service for them, and will mean that these claimants will not lose money as a result of the changes."

Elsewhere, they add:

  • Under these changes, most existing claimants on health benefits will not need to be re-assessed with a new Work Capability Assessment. Re-assessments will only take place under limited circumstances, which are:

    When a claimant reports a change of circumstances in their health condition;

    If a claimant has been awarded LCWRA for pregnancy risk, or cancer treatment where the prognosis for recovery is expected to be short-term;

    In cases of suspected fraud.
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EDited: to remove smileys as I'm sure i must be misinterpreting it - sounds like it might be good for some people but???:cautious:
 
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Simbindi said:
I'd advise anyone fi11ing out either a WCA form or a PIP form to cite the fo11owing piece from the NICE guide1ines at the start. If you don't consider yourse1f severe, then you can high1ight that activity can (or has in the past) make your ME worse.
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If mild moderate level ME and forced to work which would be many times more demanding than the CBT via GET process, the % of victims of prolonged PEM moving into permanent loss of function moving into severe or very severe ME states would be an experiment that would almost certainly lead to a coroners enquiry or few.
 
To ensure those with the most significant mobilising limitations are still protected we will retain the LCWRA Substantial Risk regulations for physical health. This means that where work preparation would lead to a deterioration in a claimant’s physical health they would still be assessed as having LCWRA and receive the additional financial top up.
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Anyone fi11ing out the WCA (or appea1ing a decision) needs to make sure they refer to the harm work preparation (not just work) wi11 cause their physica1 hea1th. You a1so need to be aware of what your 1oca1 jobcentre may expect in terms of this. I referred to DWP documentation on this in ear1ier posts. They may say they on1y expect things 1ike writing a 1ist of hobbies, or making a CV. So you need to cite some specific examp1es. I'd inc1ude the process of just engaging with a work coach, inabi1ity to answer messages in a time1y fashion (e.g. in the UC work journa1), engage in a phone ca11 etc.
 
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