13 December 2023
Well Its all go at DWP as they roll out the ‘Making Work Pay’ mantra yet again demonising claimants as workshy, scrounging bastards on the fiddle. I have spent a fair few days trying to unravel the complexity of various statements and announcements and joining the dots up and I’m not sure I have managed to do that fully. Even most advisors and charities are like mushrooms being kept in the dark, but they have noted that its not good news and are concerned about harms that maybe inflicted on claimants , some even describe it as dangerous. It seems the younger generations are wanting to work in a inclusive society and this is the not a bad thing to demand in an ideal world, however the world is not ideal currently and our intimate knowledge of the last 14 years has taught many to fear what is about to befall them next while hood winking young disabled people they are listening and creating a inclusive world for them for the future.
Well The ‘Back to Work’ plan was followed by a flurry on announcements which on face value seemed to use high claimant count and fraud as the latest excuse to cut the welfare bill. They Government seems to think you all need to change your attitude to work using behavioural change as the lever to get more disabled people into work including those in the Limited Capability for Work Related Activity (LCWRA) which are deemed by their own contractors to be too severely disabled to work under current rules. This will all change under the back to work plan which I may add include a new ‘Chance to Work ‘ Scheme and the ‘Workwell’ Scheme which are all under the overall plan of getting people back to work.
Also announced was the plan to spy on claimants bank accounts which is in the Online Data Protection Bill which passed its third reading recently. This can already be done ,However they want further access a sort of carte blanche approach but it not as it seems to appear and was muted as attacks the poorest pensioners, when the majority will be UC claimants according to Mel Stride this week. We will not be accessing individuals’ bank accounts directly. The power is so that we can ask for bulk data
from financial organisations such as banks where we have an indication that there is fraud and error. That is what the power is doing. There is absolutely no direct access to bank accounts. Kate Farrington told the committee “Where we do see some fraud and error in relation to the state pension is about people living abroad and where the state pension would be frozen. If you were resident in this country, your state pension would be uprated.”
He claimed Pensioner fraud was minimal , Where the majority of fraud (8billion) they believe is in UC when claimants do not declare savings above 16K as the trigger, yet the gov is encouraging everyone to save for the future is absolutely comedy gold.
The WCA work Pilots are being rolled out slowly but will go national rollout the end of 2024 and they are migrating legacy claims to UC (500,000) I am assuming to be the guinea pigs with promises of current legacy claimants in LCWRA will not face reassessments should they take a ‘chance to try work’ and not sustain work and enable them to go back onto their benefits as previously awarded.
We want claimants who have already been assessed as having LCWRA to be able to engage with support to move towards work without the fear of reassessment. We have committed to ensuring no one currently assessed as having LCWRA will face a WCA reassessment, save in some exceptional circumstances. This will in effect abolish the WCA for this group, bringing forward a key element of our Health and Disability White Paper proposals and give people the confidence to try work. Following the implementation of these changes, reassessments for people who have L CWRA will only take place under very limited circumstances which are:
- W hen a claimant reports a change of circumstances in their health condition;
- If a claimant has been awarded LCWRA for pregnancy risk, or cancer treatment where the prognosis for recovery is expected to be short -term;
- If a claimant has been declared as having LCWRA under the new risk provisions; and
- In the case of suspected fraud.
Grandstanding on how much they plan to pump cash into the system to help those with Mental Health, Musculoskeletal problems as primary targets but not exclusively. By 2025 via Statutory Instrument they will abolish the WCA and bring in the single assessment process where those without PIP will not be awarded the Health Element of UC. This was previously awarded under the Disability Element until the name change but will cost some claimants £390 Month . Another name change will follow in UC also :
From 2025, we will begin to use the terms ‘Work Preparation’ instead of ‘LCW’, and ‘ Health Group’ will replace ‘LCWRA’. Telling someone they have Limited Capability for Work (LCW) or are in the Limited Capability for Work -Related Activity (LCWRA) group focuses on what a person cannot do and does not support claimants to engage with work or work -related activity as part of the Chance to Work Guarantee.
The WCA Test Pilots mentioned earlier “
- Testing the concept of Specialist Assessors by initially Matching Assessors
Fluctuating Conditions
These will be carried out by Nurses, OT’s & other non medical staff ie; Social prescribing (work coaches in effect within the GP practices linked to GP services) as part of Workwell Scheme.
Chance to Work scheme promises nobody in LCWRA participating will be sanctioned , which we all now is bullshit what they mean is they wont lose the elements more likely but will lose standard allowance if sanctioned, However this is not clear. It claims to be voluntary too so if you take up training no doubt this like many other schemes will become mandatory. Also they have placed a 6 month limit on reclaiming benefits. Campaigners have raised Substantial risk issues here is what Mel stated recently;
Amending the LCWRA to realign to the original intent of applying in exceptional circumstances which the government will specify which conditions will apply This will include protecting and safeguarding the most vulnerable, including people in crisis and those with active psychotic illness. We will work with clinicians to define the criteria and what medical evidence is required from claimants and people involved in their care, to ensure the process is safe, fair, and clear. Remove the LCWRA Mobilising activity because new flexibilities in the labour market mean that many people with mobilising limitations can undertake some form of tailored and personalised work-related activity with the right support. To ensure those with the most significant mobilising needs are protected we will retain the current LCWRA Substantial Risk regulations for physical health. This m e a n s that where work preparation would lead to a deterioration in a claimant’s physical health, they would still meet the eligibility for LCWRA.
We will not change the LCW Mobilising activity or descriptors. These changes to the WCA will apply to new claims for ESA and t o U C claimants who report a health condition and require an assessment. Changes to the WCA activities and descriptors will be implemented nationally no earlier than 2025
FOI’s have been submitted to get some clarity on various points, but I think it is pretty clear that LCWRA is no longer a safe place for those with long term health conditions effectively abolishing the support group as it was previous known to many. Lots will become clear by the new year but here is another quote from Mel .
In future there will be a single health and disability functional assessment – the Personal Independence Payment (PIP) assessment. However, with around 740,000 WCA’s taking place in 2022, and with this demand expected to continue, we cannot wait until these reforms roll out. At the Spring Budget it was announced significant investment in employment programmes, including Universal Support and the Workwell Partnerships Programme. At the Autumn Statement the Government is going further. NHS talking therapies will be expanded so that an additional 384,000 people will benefit over the next five years. The Individual Placement and Support model of supported employment embedded within community mental health teams will be expanded to help an additional 100,000 over this period. Universal Support in England and Wales will match 100,000 people per year with existing vacancies and support them in their new role. We will build on the existing support offer and use our evidence base to ensure we are offering the right type of support to those affected by these changes who are now being asked to take steps to prepare for work. We will therefore continue to test the Employment and Health Discussion, which we have recently expanded to 13 sites across England and Wales.
Happy Christmas Followers, Work Will Set You Free (sarcasm) in the coming years
UPDATE FOI:
We can confirm that the Department holds the information you are seeking. We have already resumed WCA reassessments on a limited basis for existing LCW and LCWRA claimants, now that we have recovered some capacity following Covid response measures that focused on processing initial claims to ensure eligible claimants were brought into payment. Up until 2025 when the new WCA changes announced at Autumn Statement in November 2023 are introduced, WCA reassessments will continue as normal for both the LCW and LCWRA groups depending on circumstances, including prognosis period and subject to available capacity in the system. If you have any queries about this letter, please contact us quoting the reference number above. Yours sincerely, DWP Central Freedom of Information Team Department for Work and Pensions
blueannoyed 