Disability Benefit Cuts - Take action before July 9th.
Comments
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Well, from what you and B & W website newsletters say, then WCA reassessments have always been ongoing in however a limited way. Even more reason not to believe they will leave me alone until after April next year. My award is in a targeted category, after all.
I was so relieved to think I would be left alone for another year when they published their plans in March... but after what happened last week in Parliament, now I'm not so sure.
Anyway, thanks for your insight @Passerby0 -
Try not to stress out yourself too much. I believe they won't bother you at least till April 2026. They're not going to gain anything from reassessing claimants, as their plan to kick out as many claimants as possible by assessing them under the defunct 4pt based criteria has now punctured and claimants are likely to keep their award following a reassessment under the famous WCA.
Guess what! Since the 4pt based criteria has emerged, we're all crying for the dreaded WCA that used to be hated by all of us to be left alone!
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Limiting eligibility to British citizens?? Tell me I'm crazy is that what she means
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One tories admenment suggest stopping pip for mild depression anxiety adhd
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What is substantial risk I read it's support group is this correct
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Probley asked 10 times how do you know if your in substantial risk keep looking up all confusing
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I was in 'support' group ESA many years ago then automatically went on to LCWRA.I believe I am classed as 'substantial risk' .
I am unsure also ..
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It is all so confusing and so stressful.
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I am no legal expert but back in 2017 when I was called to shift from DLA to PIP, the government (Tory) had just tried to tighten PIP criteria to exclude people whose disabilities were mental health related (in essence, remove psychological distress as a factor). For this reason my entire (autism, not mental health) related claim was rewritten and rejected as anxiety, for which I didn't claim and didn't have support.
This policy change was legally challenged and was ruled to be against equalities legislation. Removing eligibility for conditions based on political opinion and not medical fact would probably be treading this same ground, and there is already a precedent for ruling it out.A person with no medical or other training is not in a position to determine that ADHD is not a significantly disabling condition, for example (nor is it necessarily a mh condition, either).
I may be wrong, but my theory is that the govt went after the points, not the conditions, because (Starmer being a lawyer), they knew that if they started singling out conditions by name for exclusion, they would face the same costly legal rigmarole somewhere down the line.
As for the British Citizen thing, that's general Tory policy at the moment, Badenoch announced that they want disability benefits to be paid to people with British citizenship or EU residents who have settled status here. Something about 1 in 4 households claiming PIP having a non British citizen. As usual the Tories have gone for the divisive approach. We have no stats on whether non British citizens are even claiming anything, nor am I sure if it matters…it's just to appeal to the right.
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Hello @Catherine21
The only way to know if you have been awarded under the 'substantial risk' provisions is to ask for a copy of the WCA assessor's report.
If you are in ESA Support group, the form you need to ask for is the ESA85 if you underwent a face to face or telephone work capability assessment. But, if you didn't have one of those assessments and it was awarded without seeing you/talking to you, then it means it was a paper-based assessor's report. In that case the form you need to ask for is the ESA85A. If you are in the ESA Support group, then phone the ESA helpline on 0800 169 0310 to ask for it to be posted to you. You are entitled to see it.
If you have UC LCWRA, the form you need to ask for is the UC85 (if you had a face to face or phone work capability assessment). If it was a paper-based WCA, the form you ask for is the UC85A. If you are UC LCWRA, you won't have a work coach, so put a message in your journal under 'payments' and you can leave a message asking for a copy of your report with your case manager to be uploaded for you to have.
Hope that helps. But, that is the only way of finding out - getting a copy of the health professional's report. Good luck.1 -
Can I ask pls if you are in substantial risk group does that mean you don't meet scc criteria thankyou god I couldn't face calling them tbh
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So if goes through as money bill could it still be challenged this is what I'm thinking sorry to go on I know psychological distress was changed by law around travelling 2019
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Sorry @Catherine21
I don't know very much about the SCC (severe conditions criteria?)… I know that in 2017, they brought it in for people who have medically evidenced illness/disability that is life-long and progressive where their functional ability will only worsen and so they will never be fit for work, so that they should be spared from WCA reassessment. I also have read that the severe conditions criteria is due to be revised again and made more harsh to qualify for under the new bill, which is being debated on 9th July at the 3rd reading.
I have never heard of anyone who has been in ESA Support group or UC LCWRA with an award granted under substantial risk who also qualifies under the severe conditions criteria. But, maybe it is possible to be granted it on a case by case basis depending on the life-long severity and functional limitations of your specific illness/disability. I really have no idea.
The only way for you to find out if your award is 'substantial risk' is to contact them and get a copy of your report, as I've said. Maybe a friend or family member can help you with that if you can't face contacting them on your own. There really is no other way of finding out, I'm afraid.1 -
Thankyou
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@Catherine21 I don't believe the Speaker will accept this as a Money Bill. It does not fit the criteria that have been outlined here several times. It would set a difficult parliamentary precedent were it to be accepted as a Money Bill.
I'd be surprised were the Tory ammendment re MH/ ASD, etc were selected for debate. If it were, it would be voted down.
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Oh zipz I can't cope I hope so thankyou for responding
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Hi Danny, was just backtracking a little as I missed a few messages.
I noticed you said you hadn't been assessed for 6 years. It was at least 12 years for me ! could be longer, I went from incapacity to ESA like you, though I was on the one before incapacity as well but cant remember the name now lol. I brought this up more than once on the Benefits and Work forum, I cannot remember ever receiving any decision or anything else. I told B&W that I had still not been assessed all these years later, I was told I will have been, but maybe without the forms or anything else. Not a clue how assessment timings work at all, how they choose who to assess and at what time baffles me. I think in the last 20 odd plus years could be longer I have had one out of the blue phone call from DWP from a man who asked a couple of questions and that was it and that was years and years ago. I did not receive any paperwork at all after that call though B&W said I will have done, I didn't, I am meticulous about keeping all DWP etc paperwork of any kind in a box file I have had for years, every letter is ''filed'' (sp - head not functioning lol ) in its envelope and kept securely. So nope, I like you have no idea when assessments are flagged. I am at some peace now in that I recently became a pensioner lol, lets see how long that respite lasts 🤣
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God knows 😂 the DWP has always been behind but with all these new reforms I have a feeling that existing claimants may not hear anything until the reforms come in and are completed for new claims .... Like you say z who knows how they work at the minute
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Hi.
As Asia23 has explained it, the best way to find this out is asking them for your report. It's mentioned in the report by the health professional, even though we haven't got a clue about what DWP decision makers have scribbled on their computer system, as they don't always agree with the health professionals' outcome, just to make themselves relevant, even though they've ZERO health expertise. I wouldn't call them and ask them whether I'm on substantial risk, as I wouldn't rely on what they say on the phone.
Not all people in the support group are on substantial risk. People who are on substantial group are a subgroup to LCWRA or Support Group.
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You're not crazy. She is a vile racist/ nationalist. She forgets that non-British people pay NI as employers and employees, pay Income tax, and VAT. This ammendment has no chance.
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