Some benefit claimants have to undergo a Work Capability Assessment
MPs have urged the DWP to be mindful of how it reforms benefit assessment rules after previous changes were ruled to be unlawful.
A group of MPs has launched an early day motion urging that any reforms to the Work Capability Assessment should be done involving disabled people and organisations that represent them.
The motion refers to a High Court ruling from January 2025 when a consultation on changing the Work Capability Assessment was deemed to be unlawful, under the previous Conservative Government.
Judges ruled that the 2013 consultation failed to clarify that the proposals were intended to save costs by reducing people’s benefits, and that there was not enough time for people to respond.
In light of the court decision, the motion urges the Government “to ensure that any proposals to reform the Work Capability Assessment are undertaken by a process of co-production with disabled people and the organisations, groups and campaigning bodies representing disabled people including Disabled People Against Cuts (DPAC)”.
The MPs also called on the Labour Government to make sure any proposals comply with “the basic principle advocated by disabled people of ‘nothing about us, without us”.
The motion has been signed by 10 MPs at the time of writing, including Labour members Mary Kelly Foy, Neil Duncan-Jordan and Ian Lavery.
The Work Capability Assessment is used to determine to what extent your health condition or disability affects your ability to work.
For those on Universal Credit, it determines what you will be expected to do to look for work. If you fail to comply with these conditions, which will be detailed in your Claimant Commitment, your benefits could be reduced to stopped.
Labour is stepping up efforts to help those on benefits find work, with its Get Britain Working white paper set out in November 2024.
Don’t miss…
This includes more support for employers so they can recruit more workers with a health condition or disability.
The white paper states that the current way of doing things needs to be refocused: “The current system focuses on assessing capacity to work instead of on helping people to adjust and adapt to their health condition.
“It misses opportunities to work with people to identify what kind of support could make work possible for them. 20% of people with limited capability for work and work-related activity (LCWRA) across Universal Credit and Employment and Support Allowance feel that paid work could be possible in the future.”
The reforms also set out to improve the job coach service with a trial of telephone and video meetings, to save claimants having to major journeys to the jobcentre.
An internal review is also underway looking at how the Claimant Commitment works and if it is appropriate for those on work-related benefits.