Question regarding the actual mechanism of implementing proposed WCA changes

Urbenmyth
Urbenmyth Community member Posts: 9 Contributor

I'm trying to avoid the doom and gloom of the other posts, so I just wanted to check something I genuinely haven't been able to get information on and wanted to know - if Labour does go ahead with WCA changes (either the Tory's or others), how easy is that for them?

Like, can the DWP just change their assessment criteria on a whim so Kendall can just set whatever criteria she likes whenever she likes (I really hope this isn't it, but that's what some of the news articles I've been seeing seem to imply), or do they need to actually change the law? If its the latter, is this a case where the bill has already been passed by the Tories (and labour just needs to not cancel it before it comes into effect), or a bill is already in talks and we're seeing if it moves on to the next step, or would Labour need to present their own bill? Again, various news sites seem to imply various of the above without clarifying anything.

I've found a lot about the proposed changes but I've not seen a lot on what changing the WCA assessment criteria would actually entail, and I lack the legal knowledge to understand the more technical pages I've looked up. Anyone be able to give me an Explain Like I'm 5?

Comments

  • MW123
    MW123 Scope Member Posts: 811 Championing

    @Urbenmyth Firstly, welcome to the community! I hope the information below is helpful to you.

    The process starts when the government suggests changes to the WCA.

    Next, a public consultation is held. During this phase, people, including disability advocacy groups and healthcare professionals, are invited to share their thoughts and feedback on the proposed changes.

    If the changes could affect benefits or eligibility, they usually need to be written into new laws or amendments to existing ones. This step is important to ensure everything is legally sound.

    After that, the proposed changes go to Parliament. They are debated and must be voted on in both the House of Commons and the House of Lords. This ensures that elected representatives have a say in the process and agree to the changes.

    Once Parliament approves the changes, the DWP sets a date for when these changes will take effect. This allows time for everyone to adjust to the new rules. Importantly, the consultation and discussion phases occur before the new changes are agreed and formally written into law.

  • WhatThe
    WhatThe Community member, Scope Member Posts: 2,362 Championing
    edited October 19

    Urbenmyth, the rules aren't easy to explain or understand because they've been altered so many times to flunk us!

    I suggest you begin with the Welfare Reform and Work Act 2016 then go back to the original 2008 ESA regulations.

    The only mystery is why campaigners fell silent then about those proposals to change the WCA qualifying criteria and outcomes.

    No, I should correct myself. The bigger mystery is why Labour dropped the only candidate certain to beat Iain Duncan Smith a matter of days before the last election 🤔 😖

  • Catherine21
    Catherine21 Posts: 2,434 Championing

    Can I ask pls if they follow tories would they still go through this with all set up for 2025 ?

  • Urbenmyth
    Urbenmyth Community member Posts: 9 Contributor

    Thanks! So essentially, even if they do decide to go ahead, there'll still be a while and a decent number of possible chances to amend/delay?

    This is kind of why I was asking - a lot of sources are saying changes will be implemented by april 2025, which seems to imply all the ground work has been done, which isn't what other ources have said?

  • Catherine21
    Catherine21 Posts: 2,434 Championing

    It's so confusing so if they make different changes will take a while if they stick to tories will be 2025 ?

  • Nightcity
    Nightcity Community member Posts: 2,413 Championing

    Nothing will change before April either way

  • MW123
    MW123 Scope Member Posts: 811 Championing

    @Urbenmyth @Catherine21

    The Labour government is expected to announce changes to the WCA around the budget time, although nothing has been officially confirmed yet. We will learn their proposals then, which may differ significantly from those of the Conservatives.

    So, while we need to be patient a little longer, the announcement is now just a matter of days away, not months. Hopefully, people will feel more at ease afterward, and I am genuinely optimistic that it won’t be as negative as some members have been speculating.

  • Urbenmyth
    Urbenmyth Community member Posts: 9 Contributor

    Well, I guess that's one of us!

    I can only hope you're right.

  • Catherine21
    Catherine21 Posts: 2,434 Championing