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.
•
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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