UK: Disability benefits (UC, ESA and PIP) - news and updates 2024 and 2025

The new 'severe conditions' criteria for LCWRA are given in the new Bill


“Severe conditions criteria claimant 40A. —(1) A claimant is a “severe conditions criteria claimant” if it has been determined that the claimant is a severe conditions criteria claimant on the basis of an assessment under this Part. (2) A claimant is a severe conditions criteria claimant on the basis of an assessment under this Part if— (a) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part (see regulation 40(2)), and (b) at least one of the descriptors set out in Schedule 7 constantly applies to the claimant and will do so for the rest of the claimant’s life. (3) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises— (a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b), from a specific bodily disease or disablement— (i) that the claimant will have for the rest of their life, and (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services, or (b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d), from a specific mental illness or disablement— (i) that the claimant will have for the rest of their life, and (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services. (4) A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.
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This is much more restrictive than the current DWP criteria for not reassessing a LCWRA claimant, which includes consideration of current NHS treatments, which the new Bill excludes. The current criteria can be found here -


So it seems ME/CFS would never meet this new criteria. But that may also be the case for other conditions such as MS and Parkinson's. The fact the government is touting the figure of 200,000 claimants meeting this criteria out of all the existing LCWRA claimants seems it will only apply to things like very severe learning difficulties, complete blindness, loss of both upper limbs etc.
 
From the current 'severe conditions' criteria:
Criteria: Lifelong condition, once diagnosed Description: The condition will always be present. Some lifelong conditions are present from birth, but others will develop or be acquired later in life. Examples of conditions which might NOT meet the criteria: Conditions which might be cured by transplant / surgery / treatments or conditions which might resolve. This should be based on currently available treatment on the NHS and not on the prospect of scientists discovering a cure in the future [Bolding mine]
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So the PIP review is basically going to create a completely new assessment.

The review will be led by the Minister for Social Security and Disability, Sir Stephen Timms, and be coproduced with disabled people, along with the organisations that represent them, experts, MPs and other stakeholders, so a wide range of views and voices are heard. The review will ultimately report to the Secretary of State for Work and Pensions for final decisions.
The review will include consideration of:
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The role of the PIP assessment – as the future single gateway to health-related and disability benefits – in enabling disabled people and those with long term conditions to live independently and fully participate in society.
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The assessment criteria – including activities, descriptors and associated points – to consider whether these effectively capture the impact of long-term health conditions and disability in the modern world. The review will consider both the Daily Living and Mobility elements of the PIP assessment.
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Whether any other evidence should be considered alongside the functional assessment to fairly reflect the impact of living with a long-term health condition or disability, including related to an individual’s personal circumstances and environment.
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How the PIP assessment could provide fair access to the right support at the right level across the benefits system.
•
What role the assessment could and should play in unlocking wider support to better achieve higher living standards and greater independence.
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Parliamentary discussion can be viewed on YouTube here -



Note: A number of MPs have brought up ME and Long Covid in their questions to Liz Kendal.

Also, sorry for linking to The Sun, this was just the first video that came up in my search. I have since noticed a lot of other news outlets have linked to the debate!
 
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Simbindi said:
So it seems ME/CFS would never meet this new criteria.
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Probably not. As you say, it isn't intended for people who "only" have a chronic illness that might fluctuate while remaining severely disabling, or where NHS doctors aren't going to be willing to offer a long term prediction.

I read something written by one of the advisors on the Benefits & Work website that might be relevant. S/he commented to the effect that it's custom and practice for DWP to regard people who've received enhanced rates of both components of PIP for a number of years, and who still qualify at review, as unlikely to come off the allowance. The upshot was that those people are likely to be put on 10-year light touch review at some point.

That would be a good outcome for people with ME/CFS—part of the point of doing 10-years reviews is just to check the person is still at the same address and still alive. I haven't been through one yet, but the advisor seemed to think it's a pretty low bar.

It's not the same as having it written into law, of course, but most of us could probably live with it. Assuming it's not all thrown into the air again by the review.
 
We are therefore undertaking this wider review with the aim of making sure that the assessment fairly reflects the reality of the impact of people’s conditions in the modern world. PIP is intended to improve people’s independence. Given the insight assessments provide into the challenges people face, we also want to ensure that Government is not missing opportunities to connect people to a system of active support that helps them manage and adapt to their long-term condition or disability in ways that expand their functioning and improve their independence. It will generate recommendations and proposals for change, for consideration by Ministers and Parliament.
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They are still wanting to focus on 'expanding claimants' functioning' and them 'managing and adapting to their long-term condition or disability'.

So expect more 'rehabilitation' nonsense, no doubt app-based to save costs (note the reference to 'in the modern world'). Absolute rubbish given that Social Care and the NHS are both broken.
 
Kitty said:
Probably not. As you say, it isn't intended for people who "only" have a chronic illness that might fluctuate while remaining severely disabling, or where NHS doctors aren't going to be willing to offer a long term prediction.

I read something written by one of the advisors on the Benefits & Work website that might be relevant. S/he commented to the effect that it's custom and practice for DWP to regard people who've received enhanced rates of both components of PIP for a number of years, and who still qualify at review, as unlikely to come off the allowance. The upshot was that those people are likely to be put on 10-year light touch review at some point.

That would be a good outcome for people with ME/CFS—part of the point of doing 10-years reviews is just to check the person is still at the same address and still alive. I haven't been through one yet, but the advisor seemed to think it's a pretty low bar.

It's not the same as having it written into law, of course, but most of us could probably live with it. Assuming it's not all thrown into the air again by the review.
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I remember the Green Paper making a point that they would look at 'engaging' more frequently with those on the light-touch 10 year review. So I suspect they may even change leaving the working age claimants on this alone, as currently happens.

I'm due my 10 year review 'not before March 2026'. I'll have 7 years to retirement at that point, so I'm still going to include my lengthy 'additional sheets' to cover all my current functioning (which has actually worsened as I've developed another severe condition and don't yet know whether the specialist treatment(s) will work for me).
 
The PIP review terms of reference make clear Labour intend (as the Conservatives did) to end the WCA and make the PIP assessment the only gateway to working age disability benefits. So they are removing the distinction between being too ill/disabled to work and being disabled/sick but still able to work with support.
 
Simbindi said:
They are still wanting to focus on 'expanding claimants' functioning' and them 'managing and adapting to their long-term condition or disability'.

So expect more 'rehabilitation' nonsense, no doubt app-based to save costs (note the reference to 'in the modern world'). Absolute rubbish given that Social Care and the NHS are both broken.
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I'd recommend anyone filling out their PIP (and WCA) form to specify what they have previously tried to improve their functional capacity, what the outcomes were (e.g. an actual worsening of their condition), why they cannot use aids, why apps cannot help them etc. This is one reason I use the 'additional sheets' option. I also specified why I couldn't manage a particular activity 'in the modern workplace' on the WCA form. It seems it may now be worth taking a similar approach on the PIP form, to specify why 'the modern world' actually makes managing your condition and functional capacity worse!

I also copied and referenced the terms and referral criteria of the local ME/CFS service (non-service...) to demonstrate the lack of NHS support for long term ME, and severe ME.
 
Lou B Lou said:
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'Liz Kendall just confirmed in the HoC that existing claimants requesting a reassessment due to worsening conditions after Nov 2026 will be subject to the 4 point minimum criteria.
So much for all existing claimants being protected.'
#TakingThePip



Tweet by Orc1Nus



.
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So you could get worse, but lose your health related benefits.

Sounds very PACE-like, where deterioration can represent ‘recovery’.
 
The review will be led by the Minister for Social Security and Disability, Sir Stephen Timms, and be coproduced with disabled people, along with the organisations that represent them, experts, MPs and other stakeholders, so a wide range of views and voices are heard.
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This is why I am very grateful for all the hard work @Trish has been putting into expressing her (our) serious concerns to the MEA. Their increased focus on rehabilitation and their infiltration by BACME members/types is not going to do us any favours when it comes to their ability to 'represent' us in this PIP review.
 
Simbindi said:
So the PIP review is basically going to create a completely new assessment.



Parliamentary discussion can be viewed on YouTube here -



Note: A number of MPs have brought up ME and Long Covid in their questions to Liz Kendal.

Also, sorry for linking to The Sun, this was just the first video that came up in my search. I have since noticed a lot of other news outlets have linked to the debate!
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I was sleeping and have watched about half an hour since waking up. I'm just confused .Kendall was all over the place. Current claimants won't ever be subject to the 4 point rule, except when they are. There's going to be a complete collaborative review of the PIP assessment that will end just as the 4 point rule kicks in, which is happening come what may?

Good to see quite a lot of MPs standing firm, asking good questions and mentioning ME and LC, as you say.
 
And Kendall said people can request a reassessment. If that happens before November 2026, that will be under the old system. After that, it will be under the new system, she said.

UPDATE: The DWP say Kendall mis-spoke, and that in fact existing claimants will be reassessed in future under the current rules, not the future ones.

The Guardian at 16.38 today

TBH It's not at all clear if any of this is factual, ie how existing claimants will be reassessed after November 2026. If people knowledgeable about the system who are following developments can't find out - how on earth will MPs know exactly what they are voting for!

Kendall is a mess, she doesn't know what she's talking about. I wish she'd stop being so nasty and stop inciting ableism.
 
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Clarification in a letter from Stephen Timms:

As part of our measures to strengthen the UC and PIP Bill, we will bring forward an amendment for Commons Committee so that the 4-point minimum only applies to new claims. This means that no existing claimants will be subject to the 4-point requirement, including if they undergo an award review, whether planned or due to a change in circumstances. Those making a new claim after the measure comes into force (not before November 2026) will be subject to the 4-point requirement.
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Full letter attached.

ETA: corrected 'later' to 'letter'. Flaming auto-correct!
 

Attachments

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From Timms' letter:

We will still rebalance UC rates by introducing the first ever sustained, above inflation rise in the standard allowance and reducing the LCWRA rate for all non-protected new LCWRA claims.
In practice this means:
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All new and existing claimants receive an uplift above inflation in their UC standard allowance every year until 2029/30 – worth around £250 above inflation for a single household aged 25 or over in 2029/30.
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Existing LCWRA recipients and new claimants with 12 months or less to live or a severe, lifelong condition where we don't ever expect them to work will see their standard allowance combined with their LCWRA rise at least in line with inflation every year from 2026/27 to 2029/30 through a combination of increases to the standard allowance and LCWRA rate.
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Limited Capability for Work (LCW) claimants will see the combined rate of their UC standard allowance and LCW rise at least in line with inflation.
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They are only guaranteeing that existing LCWRA/LCW claimants have their total combined UC benefit increased by inflation, so existing claimants in these groups won't benefit from the above inflation uplift of the standard part of UC. But that's now only predicted to be worth circa £5 a week by 2029/30 anyway. Either way, that's not really a major 'concession', as originally they said the overall benefit would just be 'rebalanced'. But if the rate of inflation increases during these years then this may make a noticeable difference, given the additional LCWRA (and pre 2017 LCW) element is itself worth around or more than than the standard rate. It will make more of a difference in the earlier years and less in the final year of the above inflation uplift, because Labour have weighted most of this above inflation uplift to happen nearer the next election (an obvious political ploy to encourage votes but also to keep the budget lower in the earlier part of their term).

If you're migrating from income related ESA to UC this year, it won't make a difference until your 'transitional protection' has fully eroded, at which point you would potentially benefit as your final UC rate would have been protected in real terms.

I think my understanding is correct, or Timms' could simply have stated both elements will be increased in line with inflation and the 'rebalancing' uplift would also apply to the standard rate for existing LCWRA/LCW claimants. Today in the Commons, Liz Kendall also was careful to state it was the 'combined' amount that would increase in line with inflation.
 
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Pippa Crerer, the Political Editor of the Guardian at 7.57 pm.

"EXCL: Labour MP Rachel Maskell has tabled a new reasoned amendment, designed to defeat the welfare bill at tomorrow’s second reading vote.

So far it has the backing of 35 Labour MPs, with organisers suggesting more could add their names. Still some way short of the 83 required to overturn government majority.
Incl MPs from other parties, it has 62 backers.

Crucially, the amendment raises new concerns about the changes and has been backed by 138 disability groups. “The PM talked about ‘noises off’ but what we’re doing is raising the voices of disabled people,” Maskell said."




.
 
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Kitty said:
Probably not. As you say, it isn't intended for people who "only" have a chronic illness that might fluctuate while remaining severely disabling, or where NHS doctors aren't going to be willing to offer a long term prediction.

I read something written by one of the advisors on the Benefits & Work website that might be relevant. S/he commented to the effect that it's custom and practice for DWP to regard people who've received enhanced rates of both components of PIP for a number of years, and who still qualify at review, as unlikely to come off the allowance. The upshot was that those people are likely to be put on 10-year light touch review at some point.

That would be a good outcome for people with ME/CFS—part of the point of doing 10-years reviews is just to check the person is still at the same address and still alive. I haven't been through one yet, but the advisor seemed to think it's a pretty low bar.

It's not the same as having it written into law, of course, but most of us could probably live with it. Assuming it's not all thrown into the air again by the review.
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If they change the PIP descriptors and the points awarded after Timms' review, then everyone on the 10 year light touch review would need a full reassessment at their review point. This makes a mockery of the existing 'indefinite' awards.

PIP 4-point promise to current claimants may be almost worthless

Get the benefits you're entitled to: help with personal independence payment (PIP), universal credit (UC), employment and support allowance (ESA),disability living allowance (DLA). Claims, assessments, reviews, appeals.
www.benefitsandwork.co.uk www.benefitsandwork.co.uk

Labour’s promise to current PIP claimants that they would not be affected by the 4-point rule may be almost worthless, lasting only a few months, as the government has announced they will be rushing through a new PIP assessment system “as quickly as possible” after Autumn 2026.

The proposed PIP 4-point rule will take effect from November 2026, if the current bill goes through.

According to the Pathways to Work Green Paper (Annex A), the new single assessment for PIP was due to be implemented in 2028/29.

But the Timms Review of the PIP Assessment. Terms of Reference now states that “. . . we expect it to conclude by Autumn 2026”.

And Liz Kendall told parliament today (see parliament tv around 15.56) that “The review will conclude by Autumn 2026 and we will then implement any changes arising from that as quickly as possible”.

Depending on how extensive the changes are, this means that they could be in place in early 2027, only months after the 4-point rule has been introduced. As the document states, new rules could take the form “of changes to primary legislation, secondary legislation, as well as a range of potential non-legislative actions.” Some aspects of the points system, for example, could be changed very quickly using secondary legislation.

We have seen no evidence so far that current claimants will be exempt from changes brought in by the Timms review, exemption seems only to extend to some of the changes relating to Universal Credit and Personal Independence Payment Bill.

The new single assessment created by Timms will also be the gateway to an award of the universal credit health element, so it’s very hard to see how current claimants could be assessed using the current test once the single assessment is introduced.

If this proves not to be the case we will issue an update.

The terms of reference say that the new PIP assessment will be “coproduced with disabled people, along with the organisations that represent them, experts, MPs and other stakeholders, so a wide range of views and voices are heard.”

But it goes on to add that “The review will ultimately report to the Secretary of State for Work and Pensions for final decisions.” This raises the question of what degree of influence on the final outcome disabled people will have, after they have been “heard”.

The review will look at every aspect of the assessment, “including activities, descriptors and associated points – to consider whether these effectively capture the impact of long-term health conditions and disability in the modern world.”

It will also consider whether issues other than the assessment should be taken into account, including “evidence related to an individual’s personal circumstances and environment.” It’s hard to know what this could mean. It could, for example, be anything from whether you live alone to what sort of bathroom you have or how far the nearest bus stop is.

The review will also look at “What role the assessment could and should play in unlocking wider support to better achieve higher living standards and greater independence.” Again, it’s hard to know what this means, but it could suggest the PIP assessment being used to give access to therapy or treatment.

The review of PIP is clearly going to be very wide ranging but it is also going to be completed at speed. If the new PIP assessment includes the 4-point rule, or something equally draconian, current claimants may only have a few months exemption from it after November 2026. The bringing forward of the implementation of the new PIP assessment seems to be another underhand trick from a department that deals in little else.
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