Category Archives: Assessment

Ending the Work Capability Assessment means the end of its good features too

Smug: Jeremy Hunt’s decision to end the Work Capability Assessment could endanger the lives and well-being of many thousands of sick and disabled people. It isn’t even likely to get more of them into jobs.

Chancellor Jeremy Hunt’s announcement – that the Work Capability Assessment for people claiming long-term sickness benefits is ending – provoked a strong knee-jerk reaction from many of us.

It is good that this tick-box assessment that has led to many thousands of wrong decisions (including in the case of the now-legendary Mrs Mike) is to fall out of use.

But we’re now starting to look at the underlying consequences – and some of them are not good, as a letter to The Guardian has stated:

The WCA has features that it is important to retain. One is the right of appeal to an independent tribunal. By contrast, there is no judicial oversight of decisions about work-related requirements made by work coaches; the new proposals leave claimants at the mercy of Department for Work and Pensions officials with no medical training.

Another is the regulation whereby someone who does not otherwise satisfy the criteria can be exempted from work if there is a substantial risk that working would harm their health. There is no equivalent provision in the rules for personal independence payment (Pip), the disability benefit that would serve as the passport to the health-related top-up.

The government’s proposals leave many questions unaddressed: about people too ill to work who don’t meet the criteria for Pip; people on contributory benefit, rather than universal credit; people with short-term conditions, not covered by Pip. Confusions and omissions abound. I can think of better uses for white paper.

In addition, I am told that the ESA regulations of 2008 included sections 29 and 35, which allowed GPs to deem a patient ‘unfit for work’. That is no longer included in the government’s new proposal.

Put it all together and we see that decisions on whether a person should be seeking work or not are to be removed from anybody with specialist understanding of the issues and denied judicial oversight.

People who may be endangered by being forced to seek, or go to, work will have their future decided by unqualified civil servants and will have no opportunity to seek reconsideration.

This is not an improvement. It is an escalation of the danger to the UK’s most vulnerable people.

Expect many deaths – and when they happen, blame Hunt.


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Tory benefit changes mean around 1m people may be forced into work they can’t do

[Image: Black Triangle Campaign].

The Tories are bringing this nightmare back again.

Jeremy Hunt’s Budget announcement that he is ending the Work Capability Assessment has turned out not to be the relief so many benefit claimants with long-term illnesses thought it would be.

He is ending the Limited Capability for Work-Related Activity element of Universal Credit, meaning that people who received it may now have to seek work under the new Personal Independence Payment system.

They’ll need to claim the new UC health element, and to do that they must also be eligible for Personal Independence Payment – and under this system they may also be required to seek work or accept job offers.

Additionally, assessments will now be carried out by work coaches from the Department for Work and Pensions, rather than the (so-called) health professionals who currently carry out the much-maligned WCAs.

There are fears that these civil servants will not have the proper training to identify claimants’ conditions and needs, and may be set target numbers of people they have to try to force into work, which they will impose on disabled people.

The Institute of Fiscal Studies think tank has estimated that a million people could be forced into work and 600,000 could lose an estimated £350 per month in support as a result of the change.

Hunt has been up-front about the intention behind the change: it’s to push people into work who would not otherwise have sought it.

The problem is that it may push people into work who simply cannot do it.

Experience has shown us what happens when the government forces people with long-term illnesses and disabilities to seek work:

They are rejected by employers – or find that they simply cannot do the work. Unsuitable for employment, and unable to claim benefits, they either starve to death or die of their health conditions.

We have seen it before – many times, in the years since the Tories came back into office in 2010.

It is scandalous that Jeremy Hunt is talking up a change that may make unendurable the lives of people who are already among the UK’s most vulnerable.

Source: Disability benefit changes: ‘My disability means I cannot work but I worry I’ll be forced to by the new rules’


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Hunt’s disability plans put a million people at risk of losing £350 a month | The Guardian

[Image: Black Triangle Campaign].

At last it seems we get the facts about the plan to ditch the Work Capability Assessment for people with long-term illnesses – and it isn’t pretty.

It seems an inferior test, for PIP (Personal Independence Payment) will be used instead and up to a million people will lose a lot of money:

Up to 1 million people claiming incapacity benefits could lose hundreds of pounds a month as a result of plans outlined in the budget to push ahead with the “biggest reforms to the welfare system in a decade,” experts have said.

The warning came as ministers unveiled a range of measures to try to drive more people back into the workplace, including scrapping controversial “fit for work” tests for disabled claimants and stepping up the threat of benefit curbs against part-time workers.

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.

Source: Hunt’s disability plans put 1 million people at risk of losing £350 a month, IFS says | Disability | The Guardian


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Work Capability Assessment to be scrapped for benefit claimants. But what will replace it?

Uncannily accurate: The Conservative government’s genuine policy towards PIP claimants may as well have been as it appears in this cartoon from 2017. But what will replace the assessment system it satirises?

I should be pleased.

This Site has campaigned against the Work Capability Assessment for sickness and disability benefits, practically since I started publishing it at the end of 2011.

In my opinion, it has been misused, as a tool to force people who are too ill to work onto job-seeking benefits that carry sanctions if a claimant fails to carry out particular tasks – tasks which the long-term sick and disabled are often clearly incapable of doing.

In many cases, the results have been fatal. I know this because it took me two years to force the Department for Work and Pensions to release figures showing that 2,400 people died within a limited period (two weeks) after being found fit for work, between dates in 2011 and 2014.

That’s right – these people had been found fit to go to work by this hopelessly flawed tick-box assessment system, and then they had proven themselves to be nothing of the sort.

And the Tory government carried on as though nothing was wrong.

I also have personal experience of the system’s flaws. After my partner – Mrs Mike; remember her? – was wrongly put in the work-related activity group for Employment and Support Allowance, she appealed in the hope of being relocated to the support group.

Instead, whoever received her letter slapped a “Do Not Contact” tag on her file for no discernible reason and allowed her claim to end after 12 months, while she waited – in considerable confusion and distress – for a response that was never going to come.

Fortunately, I was around to kick up a stink and get the situation sorted out. But that just highlights the fact that many thousands of people don’t have that kind of help at hand.

And now, we’re told, the Work Capability Assessment is to be scrapped.

But we’re not being told what will replace it.

This Independent article has comments from a couple of organisations that have a stake in what happens:

Trades Union Congress general secretary Paul Novak [said:] “Scrapping the work capability assessment will be welcome if it means an end to assessments that cause anxiety instead of helping people achieve their aspirations,” he added, while urging greater investment in public services to get people off NHS waiting lists and reduce barriers to training.

James Taylor of the disability equality charity Scope said axing the assessment was “the minimum change needed to even begin improving a welfare system that regularly fails disabled people”, and stressed the need for “a more person-centred system” offering “specialist, tailored and flexible” support.

“Those that want to work should be supported. But for some, that’s not an option and disabled people shouldn’t be forced into unsuitable work,” he said. “There is a lot of work to do for the government to restore trust in our benefits system.”

Notice that they both mentioned ways of getting more people back into work; this is Chancellor Jeremy Hunt’s aim with the changes to the benefit system.

And that’s why I fear for the future of sickness and disability benefits in the UK.

I think the odious Hunt is planning another push to put sick people into jobs they can’t do. If I’m right, his plan will fail on many levels.

If you’re long-term sick, brace yourself: Labour wants to send you back to work

Is Labour actually trolling people on long-term sickness and disability benefits?

Shadow Work and Pensions Secretary Jonathan Ashworth has given a speech about “encouraging” people with medical conditions off state benefits and into work – at the Centre for Social Justice, the think tank founded by Iain Duncan Smith, the former WP secretary whose ‘reforms’ are believed to have killed off thousands of sick and disabled people.

He said Labour would abolish the requirement for claimants to re-take the hated Work Capability Assessment if they take a job that doesn’t work out for them and have to quit.

A Labour government would let them return to claiming benefits without reassessment if they do so within a year.

That’s all very well – but how much pressure would a Labour government pile on people claiming those benefits, to take jobs in the first place?

Read more here in the BBC article, here.

Notice there are no comments from anybody representing disabled people or those with long-term illnesses.

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People in Scotland with lifelong disabilities will no longer face benefit tests

Nicola Sturgeon: doing more for people with disabilities than Boris Johnson.

The UK’s Conservative government – particularly its prime minister – are first to disparage the Scottish National Party but fall behind that organisation in the implementation of policy.

The Tories have been promising to ditch benefit reassessments of people with lifelong conditions but look at this – the SNP got there first:

Disabled people in Scotland with serious lifelong conditions will no longer have to attend reassessments to continue receiving their benefits.

The Scottish government will begin taking over adult disability benefits from the UK government next week.

Currently, people with lifelong conditions such as being blind have to be reassessed to keep their benefits.

The Scottish government said it would have a more “compassionate” approach.

The pilot for the new payment will begin in Dundee, the Western Isles and Perth and Kinross from 21 March.

People already receiving Personal Independence Payment (PIP) and Disability Living Allowance (DLA) from the UK Government’s Department for Work and Pensions do not need to apply for the new payment from Social Security Scotland.

They will be automatically transferred on to the new system from the summer, the Scottish government’s social security minister Ben Macpherson said.

He said the new Adult Disability Payment would make a number of changes to assessment.

Mr Macpherson said: “If they have a disability or a long-term health condition that is unlikely to change, we are looking to provide indefinite awards, which means that people will not need to reapply for their benefit or be reviewed.”

Source: Lifelong Disabilities Will Not Face Benefit Tests | Same Difference

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#DWP has been wrongly rejecting #benefit claims at a record rate

[Image: Black Triangle Campaign].

There are only a very small number of news stories about the benefit system as administered by the UK’s maliciously inept Department for Work and Pensions.

There’s the story about the DWP wrongly denying benefits to people (usually large numbers of them at a time).

There’s the one about loss of benefits (allegedly) leading to the death of a UK citizen (or indeed thousands, as I was able to force out of the department back in 2015).

There’s the one about the DWP promising to improve its performance so it gets its decisions right first time.

There’s the one about the appeal system either being unfit for purpose or finding in favour of huge numbers of claimants.

There’s the one about the costs of a system that aims to penalise people rather than pay them being far more than if everybody was just paid without question.

And there are mixtures of several or all of the above.

This story is a mixture.

It seems the DWP has been wrongly denying benefits to people, the appeal process has been demonstrating this at huge cost, and questions have been asked about why the department isn’t getting its decisions right, even after all these years:

The government is finding a record number of disability benefits claimants have been wrongly rejected by its own assessments as the cost of correcting these errors soars, new figures show.

Campaigners have pointed to “flaws in the system” that led to almost 80,000 Personal Independence Payment (Pip) decisions being overturned at initial review last year.

Meanwhile, separate figures show the cost of these reviews has surged by 26 per cent in the last two years, despite the fact that the number of reviews carried out by the Department for Work and Pensions (DWP) decreased by 23 per cent over the same period.

The rate at which these appeals have led to a decision being reversed has surged from 22 per cent (46,580 of 236,720) three years ago to 43 per cent (78,390 of 182,880) last year, according to data obtained via freedom of information (FOI) laws.

Separately, figures published by DWP minister Chloe Smith in response to a written parliamentary question show that the cost to taxpayers of mandatory considerations for Pip stood at £24.8m last year, compared with £19.7m in 2018/19 and £13.7m in 2016/17.

Of course the upshot of this is that the DWP is unreasonably harming people’s quality of life.

And this leads me to the final aspect of DWP stories that keeps getting repeated, which is the following:

The DWP is meant to harm claimants’ quality of life. That is the purpose of the benefit system, as far as your Tory government knows.

The ultimate intention is to be able to say that a benefit system is available, while paying out no benefits at all.

Yes, this is extremely harmful to claimants, as we have all seen over the last 12 years. Fatal, in many cases.

And there’s only one way to change it.

After so many years of being told the DWP will learn the lessons of its failures, we can only conclude that it is not learning anything at all – or that the lessons it is learning are about how to harm people in less visible ways.

This is not going to change under the Conservatives*. We need a change of government.

*And no, it won’t change under Labour or the Liberal Democrats either. Please don’t delude yourself with that fantasy for the sake of an easy life.

Source: DWP admits wrongly rejecting disabled people for benefits at record rate | The Independent

Did Tory distraction tactics make you lose track of the DWP’s strange plans for sick and disabled people?

Distractions, distractions: the Tories love them and try to cause as many as possible.

Even while the fuss over the Downing Street Christmas party last year is embarrassing for them, it means you may not have noticed other harms they are inflicting on sections of the population.

For example: the Department for Work and Pensions.

1. It seems the government is quietly pushing through proposals to change the assessment of Personal Independence Payment (PIP) – the main benefit for people with disabilities – even though it only put them out for consultation a short while ago.

The plans to expand the Special Rules for Terminal Illness and to remove the proposed 18-month minimum award period for people receiving PIP were part of a Health and Disability Green Paper and the government ran a consultation on them that ended on October 11, just two weeks before they appeared in Chancellor Rishi Sunak’s Budget statement as schemes that will definitely go ahead.

The Tory government expects to save £70 million over three years by doing this.

Labour has demanded clarification, smelling another Tory stealth cut. And it is true that the plans will have an impact on people with protected characteristics, so Sunak needs to explain why they are not mentioned in the ‘Impacts on Equalities’ section of the Budget.

Of course, it is entirely possible that the impact in this instance will be a good one.

The proposal is to replace the systems that are being cut with “better triaging of cases and testing a new Severe Disability Group”.

While the DWP has a poor history of doing anything “better”, the plan for a “Severe Disability Group” is now quite well-known and would put people with progressive, lifelong conditions into a group where they would never have to face reassessment for the benefit.

It is entirely possible that the whole of the £70 million projected saving would come from this change. This Site – and others – has spent years pointing out that the DWP spends more on constant reassessments that try to find ways to exclude people with disabilities from the payments that make their life worthwhile than it would if it left them alone.

It may be that the government has actually listened for a change and is doing the right thing for once.

I know – it’s a slim chance. But watch this space.

2. Sadly the reliability of any evidence provided by the DWP on proposed savings comes into serious doubt when one learns that the department withheld evidence that the work capability assessment, used to determine whether people are eligible for sickness benefit Employment and Support Allowance (ESA), was linked to 590 suicides:

Dr Paul Litchfield said: “If I had had that evidence available to me, or indeed been told that it was there – you can only ask for stuff if you know that it exists… I would certainly have looked at it and taken it into consideration.”

The information includes secret DWP reviews into benefit-linked deaths and two reports sent to the DWP by coroners aimed at preventing future deaths of claimants.

The revelation suggests that the DWP deliberately tried to prevent its reviewer from suggesting changes that would have saved lives.

3. Dr Litchfield also criticised the DWP as “odd” because, while it accepted his recommendations on policy, the operation side of the department continually and consistently dragged its feet when he proposed changes:

He said he believed the government department was stalling – waiting for the next review, with a different set of proposals, to come along so it wouldn’t have to change anything.

But how far can we trust him on this?

He said the government should develop a new assessment, based on the discredited biopsychosocial (BPS) model of disability. It already is.

This is the idea that the illnesses that prevent people from being able to work are all in the sufferers’ minds, and that they were perfectly capable of having jobs. This in turn led to the “scrounger” and “skiver” lies put about by the Tory and Liberal Democrat coalition government of 2010-2015.

It is important to remember that these beliefs informed New Labour policy on benefits when that party was in charge of the DWP. Current shadow Home Secretary Yvette Cooper, as Work and Pensions Secretary under Gordon Brown, enforced rules that docked assessment points from amputees if they could lift objects with their stumps, while she said claimants with speech problems who could write a sign would receive no points and deaf claimants who could read such signs would have no points for hearing loss. Anybody with mobility issues would be assessed using “imaginary wheelchairs”. She also removed half the mental health descriptors from the assessment, hugely increasing the possibility of suicides if the benefit was withheld.

Dr Litchfield said a new, independent reassessment of the benefit was long overdue. This Writer agrees – but this gentleman and his ideas should be kept very far away from it.

4. Underlying all of this is the question of whether the DWP has a duty of care to benefit claimants.

The department has denied this for many years, so it was welcome to learn that PIP review Paul Gray believes this duty is implicit in all of its work:

But This Writer strongly disagrees that it is a “learning process”. The UK government has been providing benefits to people for many decades now and should be entirely capable of showing proper care for their well-being.

The fact that thousands – possible tens of thousands or indeed hundreds of thousands – of people have died after being denied DWP benefits suggests that there was a failure of care, and that this was a political decision.

5. What are we to conclude from all of the above?

It can only be that the Department for Work and Pensions is a chaotic dis-organisation that fails to uphold its duties properly, with the result that many thousands of people have died who should have been receiving the benefits, and the respect, that is due to them.

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Woman tests positive for Covid-19 – and is threatened with sanction if she doesn’t attend Job Centre

Habitual cruelty: if you thought the Tories stopped persecuting people with long-term illnesses and disabilities during the Covid-19 crisis, think again.

This is the UK in 2021, summed up in one series of tweets:

I don’t know where this Job Centre is, but its staff are clearly trying to create another Jodey Whiting.

Jodey had incurable conditions – they could only get worse – and failed to attend a benefit re-assessment interview because she was in hospital with a brain cyst at the time.

All her benefits were cut off – even though the interview can only have been to work out whether her conditions had worsened enough for her to require increased payments.

She took her own life soon afterwards. A coroner ruled that it could not be described as suicide because there is reason to believe her action could have been a cry for help.

This Writer has no doubt that Ms Whiting was pushed towards taking her own life by the Department for Work and Pensions.

If somebody on benefits contracts Covid-19, fails to attend a benefit interview, and the DWP cuts off all her payments – in the full knowledge of what happened with Ms Whiting – doesn’t that indicate, to you, that this government department is hoping for the same end result?

It does to me.

Let’s hope it doesn’t get that far.

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Jodey Whiting had an incurable condition. Why did the DWP try to force her into a benefit reassessment?

Death by DWP: Jodey Whiting.

This is a good question – triggered in This Writer’s mind by a reference to a different case.

Please read the following Twitter thread, which was prompted by a tweet referring to the death of DWP benefit claimant Philippa Day:

Yes, why does the DWP force people with incurable or terminal conditions to prove that they still have a lifelong disability or are still dying?

Reading those words, I thought about Jodey Whiting. She had a number of disabilities, including scoliosis which – as far as I can tell – is an incurable condition that requires constant treatment for the length of the sufferer’s life. If untreated, it could be life-threatening.

So it was pointless to demand that she attend a work capability assessment, because it was impossible for her condition to have improved. It could only worsen.

There is an argument that a WCA could take place to ascertain whether a claimant’s payments should increase – but that cannot be used as justification in Ms Whiting’s case because her benefits were stopped.

The DWP’s Green Paper on Disability, released in July this year (2021), acknowledges that it is pointless to keep reassessing people with lifelong and/or terminal conditions and proposes the creation of a Severe Disability Group (SDG). People put in this group would not have to face reassessment.

If the DWP is admitting that it is unreasonable for people with lifelong conditions to face constant reassessment now, then it would also be unreasonable to suggest that they should have faced constant reassessment in February 2017, when Ms Whiting took her own life.

Strangely, this does not seem to have been considered by the High Court when it rejected an appeal for a second inquest into Ms Whiting’s death, last month (October).

I wonder why the court did not consider that the absence of necessity for the assessment that led to Ms Whiting’s benefits being cut was a material consideration in her case.

There’s now a second appeal for another inquest. Perhaps the point could be made this time around?

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


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The Livingstone Presumption is now available
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Health Warning: Government! is now available
in either print or eBook format here:

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The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

SWAHTprint SWAHTeBook