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(No, I wasn't the only one paying attention!)
Secret DWP proposal to scrap ESA ‘substantial risk’ rules ‘would breach right to life’By John Pring on 21st April 2016 Category: Benefits and Poverty
The Department for Work and Pensions (DWP) has proposed scrapping two benefit regulations that offer vital protection to disabled people facing the controversial “fitness for work” test.
In response to a freedom of information request, DWP has sent Disability News Service (DNS) a document titled Appeals Strategy – Post Election Planning, which was drawn up by civil servants just before last year’s general election.
The document lays out 11 policies that could be considered by ministers if the Conservatives won the 2015 election.
Most of the document was redacted – although disabled activists have succeeded in revealing the words behind those redacted areas (SEE SEPARATE STORY) – but one of the three policies that was not redacted is headed “Removing or amend ESA regulations 29/35”.
Disabled activists have been campaigning since 2012 to raise awareness of employment and support allowance (ESA) regulations 29 and 35, which they believe protects many claimants who have gone through the work capability assessment (WCA) process.
They believe the regulations protect thousands of people every year who would otherwise be at risk of serious damage to their health if they were forced to carry out work or work-related activity that they were not well enough to do, following a WCA.
The DWP document states that removing or amending the two regulations would require “evidence of widespread misuse” to persuade campaigners and ministers’ own benefits advice body, the social security advisory committee, but says that such a move would produce potential savings.
It says that two previous attempts to remove the regulations were defeated, by the court of appeal in 1997, and again in 2003.
The document adds: “Changes to this area carry a significant handling and delivery risk.
“Changes would be perceived as restricting application of the safeguards and may be considered discriminatory.”
DWP admitted last night that it had mistakenly failed to redact this particular policy proposal in the document emailed to DNS.
The only other two policies that were left unredacted were allowing scanning and email of benefit appeal documents; and increasing the number of DWP “presenting officers” who attend benefit appeals. Work on introducing these two policies is already underway, according to DWP.
David Beckett, who supervises the welfare benefits team at Coventry Law Centre, part of Central England Law Centre, said that removing regulations 29 and 35 was “nothing other than cost-cutting”.
He said: “There is absolutely no evidence, as far as I am aware, of any abuse [of the two regulations].
“What there is is evidence of the department not applying those regulations in the first place, based on faulty assessments.”
John McArdle, co-founder of the user-led grassroots campaigning network Black Triangle, said such a move would violate article two of the European Convention of Human Rights, the right to life.
Months of campaigning by Black Triangle eventually persuaded the doctors’ union, the British Medical Association, to agree to notify GPs of the existence of the regulations.
Black Triangle has been told by a source within the WCA contractor Maximus that its campaign has led to 55,000 disabled people being placed in the ESA support group, when they otherwise would have been forced to seek work or carry out work-related activity.
McArdle said the proposal appeared to be “a reaction to the tremendous success of our campaign, irrespective of the lack of co-operation we have received from the leadership of the BMA”.
He promised DWP that if it went ahead and scrapped regulations 29 and 35, it would be challenged in court.
The rules state that a claimant should not be found fit for work (regulation 29), or placed in the ESA work-related activity group (regulation 35), if such a decision would pose “a substantial risk” to their “mental or physical health”.
The WCA has caused mounting anger among disabled activists and claimants since its introduction in 2008, because of links with relapses, episodes of self-harm, and even suicides and other deaths, among those who have been assessed and found fit for work.
A DWP spokeswoman said: “These speculative policy formulations were drafted by staff before the last election as part of their preparation for a new government.
“They have not been raised, do not represent government policy and have never been sent to ministers.”
But when asked whether ministers had permanently and definitively ruled out the eight redacted policies, the spokeswoman would only say that the department “has no plans to introduce these changes”.
(Black Triangle - sponsored by Andrew Mitchell's law firm, Irwin Mitchell - misled the BMA about those rules)
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(October 2011)
The key aspects of the Jobcentre Plus Pathways to Work process
Prior to October 2010, all customers making a claim to an incapacity benefit must attend a Work Focused Interview (WFI) between eight and thirteen weeks after making their claim, except in cases where the WFI is deferred or waived (the option to waive the WFI was discontinued from October 2008 when ESA was introduced).
From October 2010, customers must first be placed in the Work-Related Activity Group (WRAG) at their Work Capability Assessment (WCA) before attending their initial WFI.
In order to satisfy the requirements for receiving an incapacity benefit, customers must undergo a Personal Capability Assessment (PCA) or, from October 2008 (when ESA was introduced), a WCA. In most ESA Pathways cases this process should be complete within 13 weeks of the claim being made. Some customers were exempt from the PCA.
Before October 2008, customers who were screened out of the mandatory Pathways process at the first WFI could elect to participate on a voluntary basis.
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"While not fully reversed…"
The £30 cut for LCW was not even remotely reversed!!!
MW, stop repeating what is blatantly incorrect!
😠
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I haven't mentioned DLA/PIP!
DLA/PIP proposals had and have nothing to do with crippling ESA reforms already implemented!!!
"If you believe past activism has been futile.." - I haven't said it was futile. I said that national outrage died down until Labour returned to power 🤔
I have told you what needs to be done, PDQ. The 2011 AMENDED ESA regulations and the 2012 Welfare Reform Act need to be revisited by someone else on this forum.
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The
devilgovernment will always lie to you.2 -
This is so true. The majority of employed disabled people not in the public sector work for themselves. It's the only way we can reliably accommodate ourselves.
All the more reason to oppose the Tories shrinking the state.
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Thanks for your message. See this news👇🏼
Even the The UN committee criticised Labour for failing to address “income inequality or reducing poverty,” which hamper “the progressive realisation of economic, social and cultural rights.’’ Starmer, Reeves and Kendall seem to take a sadistic glee in attacking the disabled through the platforms of the Tory media using ultra right-wing rags such as The Telegraph and Sun to stigmatise the sick and disabled.
(Morning Star News,March 26,2025)
They’re pure evil.I do not think anyone can stand them!
They love to yap but can’t stand being challenged—and that says it all! Honestly, how can anyone throw a whole country into chaos and still pretend they’re doing good? It’s shameful.
But more importantly, I’m so glad to hear you’re no longer feeling scared. That’s a huge step, and you should be proud. 👏👏Many of us felt the same—I was in shock for nearly two weeks after those proposals dropped. But like you, I’ve turned that fear into fight.
As you and many others have said , let’s keep lifting each other up and standing strong against these sham proposals . We’ve found our voice, and we’re not backing down at any cost.
Catherine,It honestly made my day to see you in such positive spirits. Keep that momentum going and ignore the noise. We’ve got this.
Best Wishes 🤗
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I thought the reassessments weren't starting until April or after April next year? That's what it says in the PDF for the Spring Statement on point 13 under 'Reforming welfare to get Britain working' .
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You have mentioned some really interesting stuff and exactly how I think, but I think if Tories have any sense they will vote against the cuts , they need to show their voters that they care even if they don't . If I were the opposition I'd be saying 'lets all vote against these cuts so we can gain back the voters we lost '
That's just how i see it .
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The user and all related content has been deleted.2
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Dear @Martinp,
Reading your post really touched me—I just want you to know you’re not alone.
Like @Loulou82xx so kindly said, we’re all in this together, and your feelings are completely valid. I won’t pretend to be strong all the time either. I’m just as worried—for myself, my family, my children, and for every single person in our communities who will be affected by these ruthless proposals.In fact, the government’s proposals and consultation process are deliberately designed to confuse and silence disabled and vulnerable communities.
But here’s the good news: it’s not too late. These proposals are not law yet. We can challenge them-by opposing and responding to the consultation, signing petitions and backing every campaign that defends the rights and dignity of disabled people. The government may think they can silence us—but they’ve underestimated the strength of our community.
There is real hope, and we’re all standing beside you. We’ll keep lifting each other up, because none of us should ever feel alone in this.
Sending strength and solidarity✌️0 -
Ross, "I thought the reassessments weren't starting until April or after April next year?"
Reassessments resumed in 2021 and will continue as they are under the 2016 reforms.
Anyone determined to be LCWRA before April 2026 then found again to be LCWRA following reassessment after April 2026 is guaranteed to see no reduction. Not a great concession when you remember there's no longer a component for LCW.
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Passerby, Adding this to the fact that she and Harriet Harman were the only two from Labour who voted for the Tories' child benefit cap in 2015. To me, this hinted that she had demonic stuff in-store for people on benefits.
Yes. I recently learned that Harriet Harman was Chair of EHRC when those measures were passed.
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DWP 7th April 2025 -
This is especially true following the abolition of a ‘middle rate’ (Work Related Activity Group payment) which means, since 2017, customers who are newly determined to have Limited Capability for Work (LCW) no longer receive an additional benefit amount,
How is there still any doubt about this…?
😑
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Thank you, I really appreciate your kindness. It is good to know that there are people like you and loulou82 out there. Thank you once again.
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Thank you Catherine, I really appreciate your kind words. Thank you😊
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Well, we're about ten years too late to start worrying! "Scaremongering" we were told when we tried to warn what was coming long before Labour took office.
"When you tell people "there was no delay", "no watering down", "no U-turn" -
MW, I was countering your words -"
The ESA WRAG cut? Delayed, watered down, and never applied to existing claimants because campaigners refused to give up.Don't twist this. Your claims were wrong and needed to be corrected.
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I don't think Kendall, Reeves, Timms et al care whether Labour falls or whether they lose their seats. All they care about is keeping secret how IDS distorted the ESA regulations in 2011 and consolidated the 'new rules' with his 2012 Welfare Reform Act.
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I see you like my term @noonebelieves 🤗
If only WE COULD "put the world to rights" 🌍🙄 I'm sure we could make a much better job of it than the terrifying trio in Downing Street 👹🧛👺and the tangerine tyrant in the White House.🍊 😆 Oh, and we can't forget creepy turncoat Stephen Timms.🕷️
Seriously though, I know exactly what you mean about brain fog. Unless I stay ultra organised and have frequent reminders from my partner, I don't think that I would remember when any APPOINTMENT is! 🤔 I'm sorry that yours has been put off for a week. As if you need that when you're already in so much of pain anyway.😕
Wouldn't it be great if we could become someone else for a day. It would be The only way to escape from all those things that bedevil our lives, I'm afraid . 😢
I believe that we cope so well with the lives we've got because, well, we are used to it all. It's a simple as that.
We have had such a gut wrenching, all encompassing shock with the proposed cuts recently but they weren't a complete bolt out of the blue, were they? 🤔
It's very sadly become part of our lives to struggle with health conditions, limited income and horrendous treatment from government. We have to be sanguine and accepting of our situation or we wouldn't be able to carry on, to be blunt. I'm sorry to sound so downbeat but I'm sure that you'll understand what I'm saying. 😔
No wonder non disabled people are so horrified at what we have to go through. No wonder too that we can be so proud of all we are and achieve. 💪👌✊
With my Dad, it was long before Covid, in 2011. Your Dad's death is more recent than my Dad's was. My Mum died only three years ago at 89 of pneumonia, and I still get a milder version of that feeling of finality.
I find myself wishing I had her to talk to about the cuts. Then I immediately think, that she is at peace and I then feel glad that she will never have to know anything about it. She would have been absolutely horrified, that we have come to this in this supposedly democratic country. 😢
That really makes me realise just how bad this situation really is, not only for us but for our loved ones too. 😞
Those statistics that you shared with me, show the reality of our situation is at complete odds with the properganda circulated about us to deflect the blame from them to us to trick both disabled people and the public into accepting the cuts.
The truth is the greatest weapon we have to fight them. It's more powerful than even legal challenges are. It's a uphill struggle against gaslighting governmental goons though. As you say though, silence is not an option for us.
That means that we MUST keep going. We are probably changing much more than we know. ✊
I've thought to myself that even if they did a U turn on all their proposals, we would all never truly recover from this catastrophic act of cruelty. We would still have to help people to cope with the long term consequences of having to cope with this time, even if nothing came of the cuts. It is very sobering indeed to think about that. You're right, it is a form of violence, psychological violence.😞
That is interesting, what you've said about the Access to Work Scheme, inaccessible housing the NHS backlog and the other public services that have been neglected and cut to the bone.
It is done on purpose to show us that they think that our health and quality of life are not worth bothering about. This then feeds into the larger narrative that is meant to completely demoralise us, making us feel too worthless to speak up about it, whilst they give the impression that they are too powerful to challenge.
We must not fall for any of this. They are not as omnipitant as they make themselves appear and they are the ineffective ones who defraud public money and "take the mickey," 😒 not us. It's very upsetting but I truly is best NOT TO TAKE IT PERSONALLY.
You're right there, it is a matter of life and death. An unavoidable fight to survive. We make the jokes and have the tendancy to go over the same ground again and again because doing those things too is a way to cope. To survive.
Absolutely, I am enraged and I'm glad that my "fire" 🔥is so obvious. I think that anger can be very constructive if it is channeled in the right way. 😡 Much better than despairing which can cause you to give up the fight.
The urgency is there too. This consultantion, which is a sham and rotten to the core is being rushed, the government hoping that they can make it law before the truth gets out about what's REALLY being done to us. We must work so much harder to get the truth out there before it's too late!💪
Don't worry, I shall continue to be here, doing all I can to help. The way these cuts will affect my partner and I is serious but won't ruin our lives in the way that it will for so many disabled people. I cannot let them down, we must all have each other's backs. ✊ We DO deserve so much better, immeasurably so.
Thank again too for all you do for us, me included. 🙏👏
Do take care of yourself.
In solidarity. ✊
Juls 😊
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I have been writing about the Green Paper and read it through and would also like to comment on one section.
The first part of her statement made bold statementts about how much helpn we are getting. (disabled "People")
But if you read it carefully it goes from investing £26 BILLION into the Health and Social Care System to help disabled people get better care and treatment, then goes on to miss out the disabled part and insert PEOPLE WHO ARE CLAIMING BENEFITS?
The £26 BILLION of extra funding is for HEALTH AND SOCIAL CARE SYSTEM so that "people" can get treatment they need? This is the worse statement I have ever heard since we have now grouped PEOPLE and DISABLED/NEURODIVERSANT people WHO ARE NOT NECESSARILY ON THE SAME WAITING LISTS, BUT ARE BEING ASSESSED BY DECISION MAKERS WHO ARE HIRED BY THE DWP TO GET DISABLED "PEOPLE" BACK INTO WORK.
These are TWO different groups of people on the waiting list. If they were in the same group then why hasn't the cost of living as a disabled person gone up by the same amount? Or, if they are already registered as disabled do they require another assessment for financial help?Why are most of the help given to "disabled people" comming from the NHS or Charities like Scope or Mind?
Why do we need to prove we are ill or disabled? Don't they trust the NHS to give a correct diagnosis of my disability?
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