Disability Benefit Cuts - Take action before July 9th.
Comments
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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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The user and all related content has been deleted.1
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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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I know many people over the years even relationships with people from abroad worked 12 hours a day real hard worker more than she ever has it's so sickening that they are actually allowed to talk about all walks of life so derogatory deliberately causing hate I wish I never become away of politics it's soul destroying the things they suggest the worry of it all horrid
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Is there also a PIP Assessors form that we are entitled to see ?
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Can I just ask a question? I understand your reasoning, except for the part about those with short-term and/or substantial risk awards. If their plan was to reassess these claimants from April 2026 and get rid of them first why might that have changed? Won't the WCA criteria be the same whether or not the 4point PIP rule came into force or not?
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Hello @Wibbles
Yes, there is. If you had a face to face or phone/video assessment, the form you ask for is the PA4. If you were awarded after a paper-based assessment, the form you ask for is the PA3. Phone the PIP enquiry line to ask for it to be posted out to you. Call 0800 121 4433.
Bear in mind, however, there may not actually be an assessor's report if your PIP award has recently been reviewed on paper scrutiny. This is because your assessment may not have needed to be sent to an assessment provider at all if you provided sufficient information so that it could be renewed by the DWP Decision Maker directly, particularly if there has been no material change since last awarded. A lot of PIP awards have been renewed on that basis recently, particularly because of the backlogs. In that instance, the statement of reasons for awarding you is provided within the body of your new award letter.0 -
Good to know they are monitoring
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I had a (successful) paper based assessment - 2 years ago but was just wondering how they came out with such an unexpected series of points scoring - such as 4 points for preparing food and 4 points for mixing with other people and just 1 or 2 points from more relevant things and ZERO from communicating (when I struggle to even speak) - when I have Parkinsonism from a head injury, and suffer from a total lack of mobility (due to hyperxtended knee joints etc) - I am not after any more points - just confused over how they were decided. Is 2 years too late for more details ?
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@Catherine21 I was wrong in a previous post. A Debuty Speaker can select ammendments. According to B & W, 38 ammendments have been tabled. Some will be silly but other worthwhile changes to the Bill could be lost:
MPs faced with chaotic 38 pages of amendments tomorrow - help them choose
Published: 08 July 2025
Thirty eight pages of amendments have now been tabled for the committee stage and third reading of the Universal Credit and Personal independence Payment Bill tomorrow. The Commons will have just one chaotic session to work through them all before voting on a final, amended version, of the bill.
The Deputy Speaker will select which amendments are to be considered and group some together to speed the process. For a bill which will affect the lives of millions to be rushed through in an afternoon in this manner suggests a desperate desire to avoid scrutiny on the part of the government.
In the days running up to the third reading, MPs of all parties have put forward amendments. Some are unlikely to pass, such as a Conservative amendment (NC12) limiting eligibility to PIP to British citizens and excluding claimants with “less severe” mental health conditions.
Some others also overlap, with MPs from different parties putting forward amendments dealing with the same or similar issues.
Readers may want to contact their MP one last time, urging them to vote against the bill, but also suggesting amendments they would like them to support in the run up to the final vote – in case the bill is passed.
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