Disability Benefit Cuts - Take action before July 9th.

I was just in the middle of emailing my MP & thought to read through about the proposed amendments, & saw that yet more amendments have been published today.

An interesting amendment proposed by Dr Marie Tidball on p18 about the 'Timms review;' she perhaps is thinking along similar lines to @MW123 in at least having a Disability Co-Production Taskforce chaired by an independent person. Please see: https://publications.parliament.uk/pa/bills/cbill/59-01/0267/amend/universal_rm_cwh_0707.pdf

I am still going to suggest Baroness Campell as a disabled peer should be asked if she would lead the review, as was my intent when I started my email.

Edited to add my MP has now been emailed.

The rationale behind restarting the reassessments from April 2026 is because the bill in question will only come into force April 2026 and not before. 

Ah, that makes sense.

But what do you make of Benefits & Work's newsletter recently saying WCA reassessments have started? They wouldn't be saying that if they didn't have inside info, would they?

I am in the initially targeted cohort (substantial risk), as you know - not sure I should rely on believing that they won't come for me until after April next year, much as the idea gives me comfort. And they can start their targeted reassessments at any time. They don't need to rely on this Bill passing through Parliament for that. They already have the power to restart reassessments of short awards and substantial risk without it.

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 @Passerby

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 ..

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.

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.

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 🤣

Is there also a PIP Assessors form that we are entitled to see ?

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.