Universal Credit - New WCA Rules

duelpro2

I currently recieved limited capability for work and work related activities on Universal Credit. I have heard there are going to be changes to the system starting in 2025 to the work capability assessment and then a full scale system change for new claimants in 2026/27 and existing claimants in 2029.

My question is, because I am an existing claimant on LCWRA, will I be reassessed as soon as the new work capability assessment is released in 2025, or will I only be reassessed when the new system is released to existing claimants in 2029?

Thanks.

sammyjammy

Nobody can answer that question yet, try not to worry about what you cannot control.  Detailed info will be released in time about how they will roll it out.

Spoonie_Turtle

In the government's response to the consultation, it says this:

"82. 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."

Those exceptional circumstances are

• When 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.

https://www.gov.uk/government/consultations/work-capability-assessment-activities-and-descriptors/outcome/government-response-to-the-work-capability-assessment-activities-and-descriptors-consultation#how-we-intend-to-implement-these-changes

(I would advise only reading the rest of that page if you are mentally prepared for a lot of 'you told us this potential change would harm people but we've decided we know better than you and don't care'.)

Muttleythefrog

The suggestion in published information is that you may not ever be reassessed again unless there is special reason to like change of reported condition or fraud suspected. The government imply they will effectively bring forward the elimination of the WCA (Work Capability Assessment) for existing claimants when this 2025 phase of changes planned are implemented. However if you get LCWRA for particular reasons you could be re-assessed as the criteria changes- so obvious question what descriptor currently is applied to qualify you for LCWRA?

Generally though I would strongly advise that that kind of detail won't be established until nearer the time...AND
..that time is after the next general election and I would suggest you look to sources outside of MSE to see what is most likely outcome of such event. We do not know what the detailed plans are for benefit reforms of other flavours of government and I imagine we will not until election is announced and manifestos constructed... even then we could find the current government put forward a manifesto that is not in line with previous policy or expands on it.

So really... it's not a question that can be easily answered and may come the time not be a relevant question as such. I would try to avoid getting anxious... easier said than done... but reforms may indeed benefit some claimants and a general trend towards less assessments seems more probable than not going forward over coming years.

What I absolutely would advise for several reasons is if you (and anyone else with health/disability problems reading) are not getting PIP then see if you could qualify and apply (after at very least getting some good direction on the process from the likes of the CAB website). This seems sensible advice generally as it could give disabled people more income.. but reforms ahead (including the current government's long term plan) could mean PIP drives qualification for out of work sickness benefit (i.e. health elements of UC and ESA).

HillStreetBlues

Talking about going though the motions with this "consultation".
They admit that in this consultation most (if not all)  them not to remove the Mobilising activity, but they are doing it anyway, so listening they certainly are not.
They used leading questions to get answers they want, for example,
"one in five people who are not expected to engage in work preparation would like to work at some point in the future if the right job and support were available.
Notice it "would like to work"  many disabled would like to work,  but they know they simple can't.
When the correct question is actually asked " Would you be able to work  at some point in the future if the right job and support were available the true figure drops to 4%

Then there is "Of around 8 million jobs advertised online over the past 6 months (Apr-Oct 2023), just over 20% were either remote or flexible
Remote and flexible are completely different, where as a person with Mobility issues might be able to work remotely,  flexible would not make one iota of difference.
They don't want to  state what the figure is for just remotely.

44% reported home or hybrid working at some point in the week between September 2022 and January 2023
Checking a work e-mail can be classed as working from home at some point, it's all smoke and mirrors.
People with mobility issues can't simple turn them on and off, and removal of this activity will have a devastating impact of some disabled people. 

EDIT
As they are retaining the LCW Mobilising activity, what it means for people who get LCWRA via Mobility, is they will not be expected to work,  but will have to prepare for work that they will never do.
So they are admitting those disabled people are very unlikely to ever work, but will remove near £5,000 per year from them.


I haven't commented on the rights or wrongs of the policy,  just how it's been presented and how  could affect some disabled people.

gbhxu

They are not going to employ sick and disabled people because I doubt we will be able to meet their work targets.

Where can I find a job where I lift an empty box all day?

Probably going to be you need PIP as well to be deemed "unfit for work"

Perhaps when they've sort all this out proper those of us still unfit for work will get the equivalent of a weeks full time work rather than the pittance we get now?

Spoonie_Turtle

gbhxu said:

Probably going to be you need PIP as well to be deemed "unfit for work"

That is explicitly the ultimate intention, as set out in the White Paper earlier this year.

Robbie64

I shouldn't really comment on policy issues as it's not what this forum is meant to be for, but if the Government are removing or amending descriptors as they think limitations in those areas no longer prevent someone from working (i.e, the person will no longer have to leave the front door to go to work) then this should be balanced by descriptors being added which are currently not included in the WCA descriptors because they don't relate to the world of work. If the world of work is now in the home then limitations someone has in the home should be considered.

Quite how this could be captured I don't know but it could include simple things like motivation to simply get out of bed and dressed etc, to be organised, to be able to sustain concentration whilst alone etc. Some of the current descriptors may touch on these areas but they aren't central to them because currently the main focus is on what limitations someone has when they close the front door.

HillStreetBlues

Robbie64 said:

I shouldn't really comment on policy issues as it's not what this forum is meant to be for, but if the Government are removing or amending descriptors as they think limitations in those areas no longer prevent someone from working (i.e, the person will no longer have to leave the front door to go to work) then this should be balanced by descriptors being added which are currently not included in the WCA descriptors because they don't relate to the world of work. If the world of work is now in the home then limitations someone has in the home should be considered.

Quite how this could be captured I don't know but it could include simple things like motivation to simply get out of bed and dressed etc, to be organised, to be able to sustain concentration whilst alone etc. Some of the current descriptors may touch on these areas but they aren't central to them because currently the main focus is on what limitations someone has when they close the front door.

If the main intention was to move people into work as you point out there are ways to do this but might be harder to do.

When you read the would be policy, it can be clearly seen this has very little to do with moving people into employment.
What it does is reduce the benefit bill (can't comment on the right or wrong of this),

Shifting some disabled from a category where they aren't expected to work, to another category where they aren't expected to work (but less money) doesn't make sense when looking purely at getting them into work. The only "pure" certainty is money will be saved.
The secondary effect would get some disabled into work, as the policy would force some to try and get more money, no matter what the cost to someone's health both physically and mentally (again can't comment on the rights or wrong in doing that).

NedS

Spoonie_Turtle said:

In the government's response to the consultation, it says this:

"82. 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."

Those exceptional circumstances are

• When 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.

https://www.gov.uk/government/consultations/work-capability-assessment-activities-and-descriptors/outcome/government-response-to-the-work-capability-assessment-activities-and-descriptors-consultation#how-we-intend-to-implement-these-changes

(I would advise only reading the rest of that page if you are mentally prepared for a lot of 'you told us this potential change would harm people but we've decided we know better than you and don't care'.)

I'm extremely sceptical. I simply cannot believe the government would commit to ensuring no one currently assessed as having LCWRA will face a WCA reassessment.

In fact, at the same time as making the above commitment, DWP are in the process of recommencing WCA reassessments as they now have spare capacity having caught up with new WCA assessments. So they are saying one thing whilst doing the exact opposite (to be fair I don't know they are currently reassessing people with LCWRA, it could be only LCW cases that are being reassessed)

Muttleythefrog

NedS said:

Spoonie_Turtle said:

In the government's response to the consultation, it says this:

"82. 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."

Those exceptional circumstances are

• When 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.

https://www.gov.uk/government/consultations/work-capability-assessment-activities-and-descriptors/outcome/government-response-to-the-work-capability-assessment-activities-and-descriptors-consultation#how-we-intend-to-implement-these-changes

(I would advise only reading the rest of that page if you are mentally prepared for a lot of 'you told us this potential change would harm people but we've decided we know better than you and don't care'.)

I'm extremely sceptical. I simply cannot believe the government would commit to ensuring no one currently assessed as having LCWRA will face a WCA reassessment.

In fact, at the same time as making the above commitment, DWP are in the process of recommencing WCA reassessments as they now have spare capacity having caught up with new WCA assessments. So they are saying one thing whilst doing the exact opposite (to be fair I don't know they are currently reassessing people with LCWRA, it could be only LCW cases that are being reassessed)

I think I would look at this in the context of the long term goal of eliminating the WCA... they ultimately intend to not assess anyone with the WCA and assessment resources can shift to PIP over time. They'll focus on reducing the numbers claiming with the introduction of those WCA descriptor related changes to apply to those existing claimants relevant and all new claimants. So it'll be a phasing out of the WCA and reduction in numbers of claimants (especially with LCWRA) and then the switch to using PIP assessments to drive work related disablement qualification. It's about saving money... and using resources as best to do it. Existing claimants with LCWRA and not affected by the descriptor changes are likely to be of limited value targeting for WCA reassessments unless they report improved condition.

All that said... it's entirely theoretical... the government knows as well as the rest of us they can make promises and assurances from 2025 onwards knowing they likely will be doing other jobs themselves.