The Social Security Advisory Committee (SSAC) is consulting on the Government's proposals to close a “loophole” relating to repeat claims for Employment and Support Allowance (ESA) .
Claimants whose award of benefit has ended after a Work Capability Assessment determines that they do not have limited capability for work will no longer be able to make a successful repeat claim for benefit unless their health has deteriorated or changed.
ESA will not be paid to claimants in these circumstances pending an appeal.
The committee will be hosting a small number of workshops in the coming weeks to gather evidence on the potential impact of this proposal which might extend to those with a legitimate claim.
The SSAC Chair Paul Gray said:
“We fully endorse the government’s determination to protect the benefit system from abuse and to close off opportunities for exploitation by a determined few.
However, we want to look more closely at whether these proposals are the most appropriate way of achieving that ambition as it is not entirely clear who is likely to be affected and how.
For example, some of those affected may have mental health or fluctuating conditions with no intention of manipulating the system. That is why we want to speak to stakeholders who have direct and relevant insight on this before we submit our report to the government.”
The DWP intends to introduce these changes from 30 March 2015.
As part of its scrutiny of the regulations, the committee intends to host 2 workshops to gather relevant evidence and views from a range of its stakeholders. The workshops will be held on 17 December (London) and 18 December (Glasgow).
The evidence received by SSAC will help inform its report which will be submitted to the Rt Hon Iain Duncan Smith MP, the Secretary of State for Work and Pensions, in January. In particular we would like informed views on:
- who is likely to be unintentionally and adversely affected by these proposals; and
- is there a more effective way to close the loophole while continuing to protect vulnerable claimants who have no intention of exploiting the system
Organisations and individuals who have direct experience or evidence that will help inform SSAC’s deliberations of this proposal and who would like to participate in the workshops should send their details to the committee’s Secretary by no later than Thursday 11 December:
Those who are unable to participate in the workshops may submit written representations. The deadline for written contributions is 19 December 2014.
Details of how to respond to the SSAC consultation and the regulations, explanatory memorandum and equality assessment relating to this proposal are available @ https://www.gov.uk/government/consultations/employment-and-support-allowance-government-proposals-to-close-a-loophole-about-repeat-claims