Spring Statement Discussion (link to documents here)
Comments
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I asked Chatgpt if the WCA could be challenged even if it's scrapped and not being consulted on, here's what it said.
Yes, if the Work Capability Assessment (WCA) is scrapped, not consulted on, and replaced with the "Health Element" in 2026, it can still be challenged in several ways:
1. Legal Challenge (Judicial Review)
- If the government removes WCA and introduces the Health Element without consultation, a judicial review could argue this is unlawful.
- The government has a legal duty to properly consult on major changes affecting disabled people.
- Courts have overturned benefit reforms before due to lack of consultation or failure to assess the impact on disabled claimants.
2. Equality Act 2010 & Human Rights Protections
- The government must consider the impact on disabled people under the Public Sector Equality Duty (PSED).
- If the removal of WCA leads to disabled people losing financial support unfairly, this could be challenged as discrimination.
- Human rights laws (e.g., right to a decent standard of living) may also be relevant.
3. Parliamentary & Political Pressure
- MPs and Lords could push back if the changes harm disabled claimants.
- Petitions, protests, and disability rights groups could apply public pressure to force a debate.
- If an election happens before the changes, a new government could reverse or modify them.
4. UN & International Bodies
- The UK is bound by the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
- If the changes increase hardship for disabled people, campaigners could raise a case with the UN Special Rapporteur on Disability Rights.
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will we start to hear about legal challenges after the green paper is implemented?
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Is anyone any closer to understanding what is means to those who are in Lwrca esa and u.c and pip only daily living living enhanced? As I'm extremely confused.
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I really dont want to give up my vote, given my family history/ strong Labour roots going back to at least 1913 plus given the long arduous fight women endured to get the vote in the first place. I am stuck though, I cannot bring myself to ever vote labour again ( sorry Great Grandad ) but the other two major parties are equally unpalatable. I had my first flyer through the letterbox yesterday, it was from Reform, it addressed me personally and included an outburst at and named my home town. Not one sentence was dedicated to welfare/health etc, nothing, they are going full out on immigration to pull in the votes, they may well likely get them, just not one from me. My hometown is a long time Labour stronghold, I cannot see that changing but we are deemed as one of the poorer more deprived areas so who knows, folk might have had enough and vote Reform figuring its the only way of sorting this mess of a country out.
What do you folk think we should do with our vote ? Apart from binning it 😁
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I haven't disputed that have I?
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Also if you’re not on Employment and Support Allowance but you satisfy the conditions for it
You can get class 1 NI Credits - if you apply for new style ESA.
That's what I have been receiving for almost 5 years !
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Sorry I thought you were saying if you are unemployed you don't get national insurance paid on your behalf. I had to look into it recently for somebody who was concerned about their stamp being paid. I aplogise if I misunderstood your comment. It was late and my brain was obviously not engaged properly.
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CB ESA is not means tested.
Income based ESA is the only means tested ESA. If CB was also means tested there wouldn’t be any need to make a distinction between the two.
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That's good to hear. I feel daft as I didn't realise until a few months back that you don't get any NI paid if your only benefit is PIP. I had to tell my daughter to make sure she also claimed ESA to protect herself for her future pension. I am concerned that there will be numerous people in the future who will not have enough stamps and therefore not receive any state pension.
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This is correct. And just to add to if you were on Incapacity Benefit and migrated to CB ESA(old style) and then were paid a private pension they will not deduct any money from your pension or rather won’t reduce your ESA because of it. The protection for that migrated with you from Incapacity Benefit Rules.
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I’ve been on CB ESA Support Group since 1998!!! When it was Incapacity Benefit. Off worked for 20 years so had enough contributions. So I know it odd not means tested for all Thor reasons you and @yogibear have detailed. Not sure why luvpink thinks ordered?
I’m waiting to see/hear what’s happening to us. They weren’t going to check on me again until my PIP comes up got review in 2028 when I be in receipt of my state pension. I haven’t been able to find anything out at all.1 -
you’re not confused but it isn’t completely correct to say it is a means tested benefit in the way Income based ESA is because the only means testing with regard to old style ESA is a private pension (unless you were on Incapacity benefit before ESA continually in which case your ESA is protected and will not have your ESA reduced)
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I know you’ve said this aspect is going off topic but if someone asks a question and the answer given isn’t quite correct it’s important for others to add to it where necessary. To add more clarity and that’s all that was happening here.
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Unfortunately - having been credited with NI credits - from being entitled, but not receiving ESA - Doesn't then allow you to claim and receive ESA through having "recent NI credits".
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This has already been mentioned more than once on this thread.
I am out of here to enjoy my day.
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My daughter gets ESA now, she was full time employed until her diagnosis with Leukaemia. Her employer is/was the NHS so she had sick pay from them for quite a time after diagnosis so was still paying her full stamp. She was then awarded full PIP but it was six months before she applied for ESA aswell which I believe is the contribution based one she receives. She is in her mid 20's when she returns to work she has plenty of time to get the full 30 years she will need to qualify. It is just another thing for people to think about when it comes to illness/disability.
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Okay I have got the message loud and clear.
Jeez I'm out of here to enjoy my day.
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Oh dear. Not sure there’s a need for that. Surely it’s about helping people when they ask for advice. This isn’t personal.
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Thank you for providing this! I'm putting together points like these so this is really helpful
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