As I’ve previously mentioned under the proposed DWP (Department of Work and Pensions) the WCA (Work Capability Assessment) will be abolished by 2026.
To replace this it is to be replaced by one assessment which will be the PIP (Personal Independence Payment) assessment. This will decide if a claimant will be eligible for PIP and if they are also eligible for the new UC (Universal Credit) health element.
Rather unsurprisingly the DWP plans to employ unqualified UC work coaches to make these decisions rather than qualified health professionals.
It will be those unqualified UC work coaches that will decide whether a claimant must undertake work-related activities
I strongly suspect, as we have seen in the past that disabled claimants will be judged upon the mood and attitude of their work coach. If their work coach is ok and in a good mood they might be judged fairly. If not then they could be treated harshly.
Basically their quality of life will therefore be dependent upon an unqualified DWP work coach.
At a recent debate at parliament Labour MP Karen Buck asked Tom Pursglove (who is the present DWP minister for disabled people) several questions about how the proposed abolition of the WCA will work in practice.
Buck asked Pursglove if there would be a substantial risk test which would be similar to the one already used in WCA assessments.
At the time of writing the WCA rules say that Claimants do not have to undertake work-related activities if there is a substantial risk to the mental or physical health of any person if you did so.
Needless to say thousands of appeals against WCA decisions have been successful on the basis that there would be a substantial risk to either the claimant or those around them.
Of course the DWP aren’t going to let this continue. How dare disabled people win their appeals and receive the payments that they’re entitled to.
Under the new proposed system the legal safeguards will no longer exist and all decisions will be made by unqualified work coaches, most of which might not have any or very little knowledge of physical or mental health issues. These issues if ignored will put claimants at risk.
Basically unqualified DWP work coaches will have sole power to make these life changing decisions.
God help us.
Buck asked Pursglove if there are any plans to introduce a mandatory reconsideration and appeal route against these decisions made by work coaches.
Pursglove’s answer was to totally ignored the question No surprise there.
He went on to make outlandish claims that work coaches would adopt a tailored approach that will allow work coaches to build a relationship with Claimants which will determine if any work related activities that Claimants can or can’t do.
I struggle to believe that this will actually happen given the fast staff turnover due to the stressful conditions that they work under. Not to forget work coaches having to take sick leave or indeed leave their jobs altogether.
So basically, cutting away the word salad from Pursglove as I’ve said above, decisions will be based upon attitudes and beliefs of any work coach, without any legal safeguards to prevent dangerous or clearly prejudiced decisions.
But Pursglove didn’t finish there. He went on to say that Claimants might be asked to volunteer in the first place building it up to mandatory placements with requirements added at a pace to suit individual claimants.
So voluntary work is now supposed to cure a claimant of all disabilities and illnesses? It’s not the first time that they’ve claimed this.
So going off Purseglove’s statements work coaches will decide the pace at which a claimant must increase their level of activity. As said above this will happen without any protection in place for claimants who are struggling to keep up therefore putting them at risk of being sanctioned.
When questioned about an appeal process, Pursglove would not answer, saying only that the DWP “will take time to carefully consider how best to implement these changes” and “ensure it provides the taxpayer with value for money and is accessible and effective in delivering for our service users.”
So if there won’t be any legal tests to decide who is or isn’t capable of work based upon the opinions of a work coach how can any decisions be challenged via a social security appeal tribunal?
Buck also asked “whether a benefit sanction that reduced a Claimants UC standard allowance to zero would remove a claimants entitlement to their entitlement to the Health Element of UC”
Pursglove’s initial response seemed positive stating ‘Entitlement to the new UC health element will only end when the functional impact of a person’s health condition improves and they are no longer eligible for PIP or as claimants earn more money resulting in their UC claim tapered away making them financially better off in work’
However this changed when he went on to say that ‘ As we develop our reform proposals we will consider how some interactions with the UC system will be reflected in the reformed system’
In my opinion this suggests that the DWP have not yet worked out many things about the new system, as is often the case.
Sadly this is par for the course for the government and the DWP. They’re always in a big rush to implement more draconian ideas upon the most vulnerable that they forget to actually make important decisions within their plans.
Whether this is done purposely or not is up to debate but I suspect they do.
I’ll keep my eye on this so expect more blogs upon this important subject.
Huge thanks to Benefits and Work for their hard work and original source of information about this subject..
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4 thoughts on “No Legal Safeguards For Proposed WCA Abolition”
Reblogged this on elizapdushku's World.
It’s mad isn’t it Trev? Would a work coach get that TODAY someone’s arthritis is reasonable, but last week they needed help to open a bottle?
When I left school in 1980 us oldies on the dole signed quarterly by post! Those were the days.
And work coaches see so many ppl I’m sure they can’t picture our cases, like when mine tried to send me for the 40 hours a week kitchen porter job….
God help us all
As previously mentioned, successive governments have used democide as a means to an end in dealing with: the disabled, broken & poor for decades. Terminally ill people; that is humans beings in the end stage of a painful and humiliating process, have been denied even the basic of support and care. As a former ITU nurse I find this criminal. The DWP has a NON RELATED BONUS SCHEME which pays out some £40m plus per year to DWP operatives who take claimants off of the register. There is always money to subject citizens to a miserable existence…when in God’s name will it be used to assist those who need help?
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There was nothing wrong with the old system of getting a Sick note from the Doctor and claiming Income Support or applying for DLA depending on your condition. If youre sick and claim ESA they kick you off it after a while saying that they (the DWP) have decided you are now fit for work, then you’ve either got to appeal against that which can take forever and you’ve nothing to live on, or you can apply for Universal Credit instead which in itself is an declaration that you are fit to work. It’s a Catch 22 situation. I’m not willing to lose my income based JSA to bother claiming ESA because once lost the JSA is irreplaceable and there’s no going back. But on the other hand I have to continually apply for work and provide evidence even though I’m not really 100% fit to work, with Type 2 Diabetes, Gout, a Hiatus Hernia and an abdominal Hernia, and aged over 60. I wish the Pension Credit thing was still an option.