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

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In my 1ast job I deve1oped a chest infection with a severe and ongoing cough that made me bare1y ab1e to function. I took some weeks off work and was passed to a 'contracted' NHS occupationa1 service (I was working in a 1oca1 authority schoo1 at the time). I was to1d by the OT that if I wasn't ab1e to return to work within 6 weeks I'd 1ose my job as I wasn't ab1e to do it with any 'reasonab1e adjustments' as I was too sick.

At that time, the NHS was functiona1 (this was around 2007/8) and I was seen prompt1y by a respiratory consu1tant, and the tests showed I'd deve1oped adu1t onset asthma. The medication dramatica11y improved my breathing and I was ab1e to return to my part time, term time on1y work. But I'd have 1ost my job if I'd not had the asthma diagnosed prompt1y. I'd a1so have been disadvantaged by the new NICE asthma guide1ines, with their step up approach to medication (I was put on steroid inha1ers prompt1y and at a high dose).
 
Of course my attempt at working made my ME deteriorate (it had taken me years to get to the 1eve1 of attempting work, in tota1 I've worked for on1y a few years over 3 decades of ME with very restricted hours). So I had to go on ESA within a few years anyway (I spent a1most a year not c1aiming benefits and 1iving on meagre savings prior to doing this).
 
Simbindi said:
The Severe Conditions group effective1y removes the protection of the exceptiona1 circumstances regu1ation, where you are put in the support group if being subject to work re1ated activity or work puts any person (inc1uding the c1aimant) at serious risk of harm. Done I presume because this is how most peop1e with menta1 hea1th disabi1ities get into the support group.
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I don't see how the two are connected, the Severe Conditions group isn't related to being awarded a benefit, it refers to repeated tests under an award, the proposal is that PIP will be a passporting test so award of a benefit will follow the PIP process for which there isn't a Risk exception. What could remove the current Regulations dealing with 'serious risk of harm' is alteration of the UC Regulations 8 & 9 but we won't know what that entails until the Government brings forward the relevant legislation, at this stage there's no indication that Parliament would accept mandated work related activity for everyone on UC except those on the SC group.
 
CRG said:
I don't see how the two are connected, the Severe Conditions group isn't related to being awarded a benefit, it refers to repeated tests under an award, the proposal is that PIP will be a passporting test so award of a benefit will follow the PIP process for which there isn't a Risk exception. What could remove the current Regulations dealing with 'serious risk of harm' is alteration of the UC Regulations 8 & 9 but we won't know what that entails until the Government brings forward the relevant legislation, at this stage there's no indication that Parliament would accept mandated work related activity for everyone on UC except those on the SC group.
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I'11 get back to you if and when this change comes in. Then we wi11 see who understands how this government is working and their 1ong term goa1s. This is an enactment of a 1ong term p1an to make a11 sick and disab1ed benefit c1aimants face potentia1 conditiona1ity of their out of work benefit. But even this government recognises it has to soften this approach, so it wi11 create a very sma11 group of c1aimants who meet very strict criteria and exempt them so that it can c1aim it is 'protecting the most vu1nerab1e'. However, it wi11 be to keep the pub1ic onside. So on1y very obvious1y severe conditions wi11 be inc1uded (i.e. those that e1icit sympathy with the majority of their voters).
 
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CRG said:
at this stage there's no indication that Parliament would accept mandated work related activity for everyone on UC except those on the SC group.
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From the B&W site (I be1ieve this has a1ready been posted here)

Can I be forced to do any work-related activities if I get the UC health element?
Yes you can.

If you are receiving the UC health element you may be set both voluntary and mandatory work-related requirements by a work coach and you will be subject to sanctions if you don’t meet the mandatory requirements.

The DWP say they will introduce new “more personalised levels of conditionality and employment support, with the aim of helping people to reach their potential and live a more independent life”.
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They've 1eft the door open to change the PIP criteria in the future (from the White Paper) -

• Transform the entire Personal Independence Payment (PIP) service, from finding out about benefits through to decisions, eligibility and payments, delivering a new, more user-friendly service built around people’s needs.
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Focus on what people can do rather than on the limitations of a disability or health condition.
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I rea11y can't see how that wi11 work in the rea1 wor1d of work. It wou1d put emp1oyers in very difficu1t 1ega1 position. It hasn't even worked with regard to 'fit notes'. GPs just tick that patients are unab1e to work.

I can imagine my CV -

I can sometimes craw1 up the stairs...

I can sometimes manage a bath, a1though never more than once a week...

I can get out of bed to strugg1e to the toi1et at various points of the day (but not necessari1y when I need to)...
 
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I've managed to skim the White Paper. It doesn't appear to mention how this wi11 affect those on the New Sty1e contributions based ESA, a1though the assessment for this benefit sti11 uses the WCA.

https://www.gov.uk/guidance/new-style-employment-and-support-allowance#:~:text=New Style ESA is a,ESA is a contributory benefit.

The White Paper does state that the new UC hea1th e1ement wi11 be income based on1y. I suspect this wi11 mean that CB new sty1e ESA wi11 become time 1imited for 12 months for a11 new c1aimants. What this wi11 mean for existing c1aimants in the support group doesn't appear to be covered.

Keeping PIP and UC separate 163. We will keep PIP and UC separate following concerns from the Green Paper consultation that the two benefits would be merged. Although only people who receive both PIP and UC will access the new UC health element, PIP will remain a benefit people receive whether they are in or out of work. PIP will not be means-tested and will stay separate from UC. This means that PIP will continue to provide support to cover some of the additional costs associated with having a health condition or disability, irrespective of a person's income. 164. The new UC health element, which will be available to people who receive both PIP and the UC Standard Allowance, will remain an income-related benefit to provide income replacement for those on low incomes and with the most severe health conditions.
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Hunt’s disability plans put 1 million people at risk of losing £350 a month, IFS says

Extract:

The Institute for Fiscal Studies said up to 1 million people currently on incapacity benefits could lose about £350 a month as a result of dropping the work capability assessment (WCA), which assesses capacity for work, and using the personal independence payment (Pip) test, which measures only the extra living costs of disability.

It said the logic of the plan meant those who had conditions that prevented them working – such as people with short-term or fluctuating illnesses – but who did not claim Pip, or incur major additional living costs, would no longer receive extra support. Pip tests are widely distrusted and currently take 14 weeks to process.

The Institute for Fiscal Studies
The Institute for Fiscal Studies (IFS) is the UK’s leading independent economics research institute. Our world-class research helps policymakers – and those who hold them accountable – understand the impact that policy decisions have on individuals, households and businesses.
 
Simbindi said:
I've managed to skim the White Paper. It doesn't appear to mention how this wi11 affect those on the New Sty1e contributions based ESA, a1though the assessment for this benefit sti11 uses the WCA.
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Did you notice if it said anything about people currently on 'old style' CB ESA? - Which i believe is now called a 'legacy benefit'. They're not (or at least werent) planning to transfer us to UC so am wondering if that will change, i guess it doesn't say & we'll have to wait for many yrs to find that out.
 
JemPD said:
Did you notice if it said anything about people currently on 'old style' CB ESA? - Which i believe is now called a 'legacy benefit'. They're not (or at least werent) planning to transfer us to UC so am wondering if that will change, i guess it doesn't say & we'll have to wait for many yrs to find that out.
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As far as I reca11, I didn't see any mention any type of CB ESA.
 
From Guardian artic1e -

Charities and disability campaigners broadly welcomed the proposals to scrap the much-hated WCA but said the government had a “mountain to climb” to regain the trust of disabled people subjected to degrading and flawed benefit tests in recent years.
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Did these charities miss the part where very sick, vu1nerab1e and disab1ed c1aimants wi11 be subject to seeing a Work Coach? When I was in the WRAG I was expected to have contact with one at a minimum of every 6 months. Now I wou1dn't even be ab1e to manage a te1ephone appointment and discussion with one, just once!
 
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Thanks @Simbindi
Simbindi said:
Did these charities miss the part where very sick, vu1nerab1e and disab1ed c1aimants wi11 be subject to seeing a Work Coach? When I was in the WRAG I was expected to have contact with one at a minimum of every 6 months.
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So basically it will be like having to have a reassessment every 6mnths at the laest. With someone who isnt a health professional, has no understanding of mental health conditions (other than as a condition that 'wlil be hleped by working')/autism/chronic energy limiting conditions & PEM. Who are target driven & trained only to bully & manipulate. It will be sooo much worse than a 2yearly WCA, havng to prov over & over again every year that you cant go on a course or do part time hours from home or whatever.

"Focussing on what you can do..." presumably work coaches wont be trained in 'reliably repeatedly safely'. They wont give a toss if spending 2hrs on a computer makes you unable to bathe or get any food.
Please God somehow that it wont go through, it'll take a miracle.

Anyway, i been too ill to read this (can type but not absord at moment). so i dont know if it has any mroe info, but came acfross it whilee skimming MEAfb.

its a blog by MEA welfare rights advisor Ella who i have found godod in the past so thought would post in case it helps anoyone.
scroll down for the blog
Budget 2023 Update: What Does It Mean For M.E.? | The ME Association
 
JemPD said:
Thanks @Simbindi
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A comment on the B&W forum -

Hi, I was worried about the proposed changes made to the benefit system as I also claim contribution based ESA and in the support group. If you read Chapter 4 of the White Paper regarding the proposed Changes to the benefit System. No 150 which states "150. Our income replacement benefit proposals will apply to UC. It is not possible to submit a new claim for income-related ESA.[footnote 21] We remain committed to retaining a health and sickness contributory benefit in the future system." So that means that they will leave New Style Esa as a benefit for now in their future proposals.
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However, as I read that statement, it is just a commitment to some form of CB sickness benefit, they sti11 have 1eft it open as to what it wi11 be in the 1onger term.
 
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