Background
In March 2023, the Government announced proposals to abolish the work capability assessment (WCA), the test used to decide if a claimant is “fit for work”.
Under the proposed new system, a claimant who receives any rate of PIP will receive an extra “health element”, included in their UC.
Medically unqualified work coaches will then judge what, if any, work or work-related activity a claimant is able to undertake.
This reform would then be rolled out, for new claims only from 2026/2027and 2029 for existing claimants.
However, on 8 September, the Government launched a consultation (that closed on 30 October) on making interim changes to the existing WCA, from 2025, to cover the years before the WCA is abolished completely.
The consultation sets out possible changes to the following WCA activities: Mobilising; Continence; Coping With Social Engagement and Getting About.
For each of these four activities, the Government is considering removing the activity from the WCA entirely, or reducing the points awarded for them - so making being found fit for work more likely.
Another proposal is to abolish the “substantial risk” rule that applies if there would be a substantial risk to the mental or physical health of you or anyone else if you were found not to have limited capability for work related activity (LCWRA).
These changes are will make it more difficult to be found to have limited capability for work (support group) a benefit loss of £390.06 a month.
Consultation period
In its letter, the EHRC says: “This consultation is open for only eight weeks, having opened on 5 September and being due to close on 30 October.
“While we know the Department has supplemented the written consultation with a small number of in-person and online engagement events, we are concerned that the consultation period is insufficient to enable disabled people and their representative organisations to respond meaningfully.”
Impact of proposals
The EHRC letter adds: “Moreover, the published consultation materials do not include any analysis of the potential impact of the proposed changes on Disabled people or other protected characteristic groups.
“… Without access to analysis of the possible equality implications of the proposals, it is challenging for Disabled people and their representative organisations, and others, to engage with the consultation process.
“Stakeholders have raised concerns with the Commission that the proposed changes, in particular the proposal to amend the ‘substantial risk’ criteria, could place disabled people at increased risk of both financial and psychological harm, with potentially serious equality and human rights implications.
“As such, the impact of the proposals on Disabled people, including people with different types of impairment, warrants careful and detailed consideration.”
The EHRC concludes: “We encourage you to extend the consultation deadline and to publish detailed analysis of the potential impacts of the proposals on disabled people and other protected characteristic groups to inform consultation responses.”
The full EHRC letter to the Secretary of State is available from equalityhumanrights.com.
The EHRC intervention comes after a similar call last week by the Work and Pensions Select Committee for the Secretary of State for Work and Pensions to extend the deadline for responding to the consultation.
In addition, the anti-poverty charity Z2K has similarly written raising concerns with the consultation process and calling for its extension.
See also our related news stores:
- DR UK Urges You To Oppose the Government’s Dangerous Cost-Cutting WCA reforms
- Health and Disability White Paper: support not sanctions needed, says DR UK