The DWP has sent a Memorandum to the Joint Committee on Human Rights about the Welfare Reform and Work Bill
Section 19 of the Human Rights Act 1998 (“the HRA 1998”) requires a Minister to make a written statement prior to Second Reading of a Bill, as to its compatibility with the European Convention on Human Rights (“the Convention”).
The purpose of this memorandum is to analyse the issues arising from the Welfare Reform and Work Bill (“the Bill”) in relation to assessing its compatibility with the Convention.
In relation to proposals to the removal of the Work Related Activity component in ESA and the limited capability for work element in Universal Credit the memorandum says:
59. The measures are also proportionate as there are adequate safeguards in place to protect the most vulnerable households. Regulations will provide for appropriate savings and transitional protection, for example for existing claimants who are already in receipt of the additional component and those who have been in receipt of previous awards in respect of their ill-health but have not yet had those awards converted to ESA. There will therefore be no cash losers – current LCW claimants will not be affected by this change for as long as they continue to have LCW.
60. In addition, Disability Living Allowance (DLA) and Personal Independence Payment (PIP) provide a contribution to the extra costs incurred by having long-term ill-health or a disability; and Housing Benefit and Universal Credit, as well as discretionary housing payments where appropriate, are available to help with housing costs.