Green Paper Discussion (from 24th March, 2025)

From an earlier DWP Impact Statement..

Title: The Employment and Support Allowance( Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011: Impact Assessment (IA)IA No: Date: 07/12/2010

A department-led review of the WCA identified a number of ways in which the WCA should be changed to make it a fairer and more accurate reflection of capability for work. As such, it is necessary to revise the WCA, as set out in the Employment and Support Allowance Regulations 2008 to give effect to these recommendations.

5. The main groups affected by these changes are:

− Individuals making new claims to ESA;

− Existing recipients of ESA (when they come up for repeat assessments). ESA is intended to be a temporary benefit for most customers. When the WCA is conducted, a health professional will advise on when they expect the individual’s condition to have improved or an individual to have adapted to their condition to the point where a return to work may be considered. This is used to advise the time at which they should have a repeat assessment. Most people are expected to have returned to being fit for work and moved off ESA within two years; and

− Existing recipients of incapacity benefits who will be reassessed using the WCA to see if they are eligible for ESA.

6. The main effect of the revised WCA is on physical function relating to better accounting for how an individual has adapted to their disability or condition. This means that where an individual has adapted to their condition the assessment will take account of this. For example, an individual may no longer be entitled to ESA if they cannot walk but can successfully use a manual wheelchair to mobilise. This is expected to increase the numbers of customers assessed as capable of work.

7. There has also been a widening of the ESA Support Group criteria mainly in mental function following the identification of areas where individuals might face severe functional limitation, specifically relating to:

− Receptive communication (currently only expressive/outgoing problems in the support group);

− Awareness of hazards;

− Coping with change;

− Coping with social engagement; and

− Appropriateness of behaviour with other people.