The Department for Work and Pensions has placed an "informal call for evidence" on the subject "The Work Capability Assessment - A Call for Evidence" click here to access the consultation document.
If you need some more information on the Work Capability Assessment you can find some by clicking here.
It is important if you have been assessed for Employment and Support Allowance (ESA) you respond to this consultation raising any issues you have. Equally it is important if you await assessment, as many who are on Incapacity Benefit are awaiting migration to ESA you give a view.
We are concerned with the lack of training and experience in relation to HIV/AIDS for ATOS and the DWP. The issue of less visible disabilities still remains an area where the DWP/ATOS have to do much more work.
We also remain extremely concerned with the lack understanding when it comes to dealing with "fluctuating" conditions when it comes to decision making here. The Work Capability Assessment is a "snapshot" as it relates to the time it has been undertaken.
If you do not wish to complete the consultation but would like us to submit your issues please add a comment or email us by 1st September 2010.
The following information will be submitted as part of our consultation submission. This is from a regular supporter of our site and they have allowed me to post it. I hope this helps you will any submission you wish to make.
"Notes regarding work assessment for ESA
Specialist knowledge regarding HIV/AIDS
Looking at the disability in areas of
Psychological
Looking at each patient individually as disease affects people in differing ways.
No single test will ascertain the level of disability each patient suffers with HIV/AIDS
A full knowledge of drug therapies, and their associated side effects.
The interactions of illnesses and disabling conditions associated with ageing and HIV/AIDS For example;
Bleeds
Hearing loss
Visual impairment
Bone problems
Cardiovascular problems
Social isolation
Depression / Anxiety
A straightforward computer generated assessment cannot be used for people suffering from HIV/AIDS, because of the complexity of the illness and the varying ages and diversity of people affected. Each assessment needs to be thoroughly investigated with all debilitating physical factors taken into consideration. Along with this the examiners must be able to assess the patient’s psychological problems which should be factored in when making a decision.
This disease is one of fluctuation, so there maybe good days as well as bad, but we must not forget that the patient will never get better, as in the sense of recovery, but may have periods of respite, with symptoms that are better on some days than others or a person’s ability to cope with them may vary.
Generally, the activities of daily living for someone with HIV/AIDS may be complicated because of the necessity to deal with symptoms, medications, hospital appointments, therefore being able to hold down regular employment adds to the complexity of this illness.
Missed work days, confidentiality, peer acknowledgement and employer support, become problems in themselves, thus adding hidden obstacles to people with HIV/AIDS, trying to have a normal life.
As with cancer there are good support services, which allow patients to lead a relatively normal life. HIV/AIDS still has a long way to go before these services are found, so for the patient, they have to manage their illness almost in isolation because of the stigma still associated with the disease, which means social interaction becomes a problem.
Society in itself still portrays the person with HIV/AIDS as a threat to their existence therefore the possibility of the person being able to live a normal life without the threat of abuse and violence is extremely limited. Knowing you have HIV/AIDS and taking a job an employer would expect you to declare your status, and this is where the problems can occur with work colleagues. Social isolation can have a huge effect on the psychological well being of a person, if it is said that a well mind makes a well body surely the opposite is true, aggravating an already aggressive illness.
There is still very much unknown about HIV/AIDS with an increasing number of ailments/conditions being attributed with no apparent cause ie. Calcium deficiency neurological problems, increased cardiovascular problems all these are hidden/non visible conditions that can drastically affect the everyday living of a person with HIV/AIDS.
Anxiety, depression and stress are huge factors for people suffering from HIV/AIDS. These can be medication related or virus related but have to be acknowledged when making the assessment.
At some point the timescale and regimes have to be factored in. As good as HIV/AIDS drugs are in controlling the virus, these drugs also cause complications ie. vitamin deficiency, osteo necrosis, cardio vascular problems to name just three. These in turn cause the patient to experience further problems, requiring further medical intervention to alleviate, exacerbated by the length of time they have been on them. Doctors and health professionals must be aware of the extra detrimental effects the persons medication has on them.
All in all to reiterate there is no single computer programme available to successfully assess the thousands of people living with their particular HIV/AIDS.
"
Date: 13 August 2010
The Social Security Advisory Committee (SSAC) has been asked by the Secretary of State for Work and Pensions to consider proposals for The Employment and Support Allowance (Limited Capability For Work And Limited Capability For Work-Related Activity) Amendment Regulations 2011.
Before the Committee considers and reports on these proposals, it would like to hear from organisations and individuals who have views. Those wishing to make representations to the Committee may obtain a copy of the Department’s explanatory memorandum, and a copy of the draft regulations from here, or from the Secretary to the Committee, Gill Saunders (0207 962 8345). Representations should be sent to the Committee at N E Spur, Level 3, Adelphi Building, 1-11 John Adam Street, London WC2N 6HT or by email to ssac@dwp.gsi.gov.uk, or via the consultation response facility on the website, to arrive no later than 10 September 2010.
Note for Editors:
The SSAC is the UK’s statutory advisory body for all social security matters except those relating to industrial injuries, war pensions, occupational pensions, and National Insurance contributions. Most proposals for social security regulations must be submitted to the SSAC before they are made. When the Committee reports on regulations, the report is laid before Parliament with the regulations and a statement from the Secretary of State responding to any recommendations the Committee has made.
If respondents have any general comments on the WCA which are not related to the regulations set out in the Explanatory Memorandum, please submit these to Professor Harrington’s consultation.
Recently I met Professor Harrington who is doing an independent review of the Work Capability Assessment; soon we’ll be meeting Minister Chris Grayling as well as regular meetings with Minister Maria Miller. We want the Government to assure us of 4 things:
1.That cuts will not impact disproportionately on disabled people (which means Government and local public services need to undertake disability equality impact assessments of their plans)
2.That progress towards equality by 2025 will not be derailed (even in tough times we could and should be making progress towards equality)
3.That disabled people will not be driven further into poverty
4.That Government will take a stand against demonising benefit recipients: portraying people receiving benefits as scroungers not only frightens individuals, it also stigmatises disabled people in the eyes of employers – which could make employers less, not more, likely to give disabled people a job.
To influence Government effectively on these 4 priorities, we at RADAR are joining forces with others. This is the time to be united. We are working closely with organisations including Disability Alliance and National Centre for Independent Living and with coalitions like the Disability Charities Consortium, Care and Support Alliance and Disability Benefits Consortium. If we speak with many voices in broad agreement, then Government will hear one clear message from the disability sector.
ME Association submission to the independent Work Capability Assessment Benefit Review
In response to the announcement that an independent review of the WCA (a key part of the Employment and Support Allowance) was to take place, The ME Association has prepared this submission.
It is a very comprehensive account of the various problems faced by people with ME/CFS when trying to claim the new Employment and Support Allowance (ESA).
Our submission also addresses the growing concerns being expressed by people who are currently claiming Incapacity Benefit, who will be re-assessed under the much stricter eligibility criteria for ESA as from October 2010 onwards.
More information on the independent review being carried out by Professor Michael Harrington can be found here.
------------------------------------------------
SUBMISSION OF EVIDENCE FROM THE ME ASSOCIATION
This is the submission from The ME Association to the Independent Review of the Work Capability Assessment – a key component of the Employment and Support Allowance.
THE ME ASSOCIATION
The ME Association (MEA) is a national charity that provides information and support for people who have ME (myalgic encephalomyelitis/encephalopathy) – an illness that is also known as chronic fatigue syndrome (CFS) and post-viral fatigue syndrome (PVFS).
ME/CFS
ME/CFS is thought to affect around 250,000 people in the UK. It affects all age groups, including children and adolescents. The most common age of onset is between 20 and 40 years of age.
ME/CFS is recognised as a neurological disorder by the World Health Organisation (in section G 93.3 of ICD10) – a classification that is accepted by the Department of Health.
The main symptoms include exercise-induced muscle fatigue and weakness; post-exertional malaise/symptom exacerbation; cognitive dysfunction involving memory, concentration, attention span, information processing etc; orthostatic intolerance – difficulty with tasks that require standing; pain – which can affect muscles, joints or nerves, and on-going infective or flu-like symptoms.
Official reports into the illness – from the Chief Medical Officer, Medical Research Council, NICE, Royal Medical Colleges – have all recognised the serious and persisting ill health and disability that is caused by ME/CFS.
Around a quarter of all people with ME/CFS fall into the severely affected category – meaning that they are housebound, wheelchair-bound or bed-bound.
Research into prognosis indicates that only a small minority of people with ME/CFS return to normal or near normal levels of health. Most people experience a significant degree of long term ill health and disability.
DWP BENEFITS
The Department of Work and Pensions (DWP) has also made it clear on numerous occasions that it fully recognises the serious ill health and disability associated with ME/CFS and that, where appropriate, people with this illness are fully entitled to the full range of DWP sickness and disability benefits. The DWP has also identified the need for specialist guidance for assessors to follow in relation to Incapacity Benefit (ICB) and Disability Living Allowance (DLA) applications – in particular problems affecting mobility and cognitive function.
However, our experience as a support charity is that people with ME/CFS have a great deal of difficulty in obtaining sickness and disability benefits when benefit applications are first assessed, or are later re-assessed – even when they are fully supported by their GP or consultant.
Although initial claims are often rejected, there is a high rate of success (around 40%) on appeal – indicating that eligibility criteria and medical assessment procedures are poorly designed for people with this illness.
We have repeatedly brought our longstanding concerns about the unsatisfactory way in which people with ME/CFS are being medically assessed for DWP benefits in meetings with both the Rt Hon Yvette Cooper (former Secretary of State at the DWP) and with Dr James Bolton, Deputy Medical Adviser at the DWP – as has the All Party Parliamentary Group (APPG) on ME.
EMPLOYMENT AND SUPPORT ALLOWANCE (ESA)
We understand from recent press reports that around 75% of people claiming the recently introduced ESA are being refused; around 14% are being placed in the ‘work-related activity group’ and only 6% are being accepted as genuinely unfit for work.
Our experience and feedback in relation to people with ME/CFS indicates that the refusal rate here is probably even higher than 75% with very few people reporting that they have been able to obtain ESA.
A changeover from ICB to ESA will start in October this year. This will involve a reassessment of employability for people currently claiming ICB through the use of the WCA.
THE WORK CAPABILITY ASSESSMENT
The first part of the WCA determines whether or not people are entitled to ESA.
The second part determines whether people should join a ‘support group’ or a ‘work-related activity group’.
The third part provides a report that can be used in relation to work-focussed interviews that are arranged.
The first part of the WCA, which assesses whether a claimant has limited capacity for work, and whether they are entitled to ESA, involves a points-related assessment of physical functioning, mental health, and cognitive functioning – all of which relate to a range of activities. Points are awarded on the basis of any limitations relating to each activity and added the sum compared to the established ‘pass’ scores.
The assessment focuses on capabilities involving a variety of tasks at single incidences and then assumes that this capacity can be repeatable throughout a period of work without any adverse consequences. No specific questions are asked about the time it would take for the person to carry out the task or how long they would be able to carry on repeating the task. The key point is whether the claimant can perform the task on one occasion.
This is the area where our major concerns lie in relation to how the WCA applies to people with ME/CFS - in particular the fact that the assessment does not take into account a number of factors which are very relevant to the continuing ill health and disability experienced by people with ME/CFS.
Our key areas of concern, which we discuss in more detail below, are:
PROBLEMS WITH THE WORK CAPABILITY ASSESSMENT
The ability to take part in any form of work on a regular basis normally involves being able to sustain a satisfactory degree of mental and physical capacity throughout a period of up to eight hours on a consistent day to day basis.
Even the most limited form of work requires being able to sustain a degree of mental and physical capacity at regular intervals throughout each week, including activities secondary to the actual work (eg travel to work) and those aspects of self-care which cannot be assumed to be carried out by any partner or family member. For someone with ME/CFS, who may no longer be able to drive a car and so rely on public transport, the very effort of getting to work may take up most of their available energy for that day.
These points are highly relevant to the claimant’s capacity for work, or work-related activities, whether on first being off work (when it would normally apply to their usual occupation) or at any later stage (when it may apply to other types of occupation).
Variability of symptoms
One of the key characteristics of ME/CFS is that the symptoms fluctuate in severity - from hour to hour, day to day, and month to month. This makes any sort of regular commitment and forward planning extremely difficult.
We therefore believe that a failure to ask about, properly assess, and record the variation and fluctuation in symptom severity during the medical assessment is a major defect in the WCA.
Ability to sustain physical and mental performance and so be able to carry out tasks on a regular and repeated basis
The second key characteristic of ME/CFS is the fact that while people may be able to perform a range of physical and mental tasks on a one-off basis, as assessed in the various questions in the point scoring exercise and in physical examinations, they are not able to repeat the physical tasks on a regular basis throughout the day, or sustain a degree of normal mental functioning over long periods of time.
In relation to physical tasks, this is often due to a combination of fatigue, weakness, pain, balance problems, orthostatic intolerance and safety.
In relation to mental tasks, this is normally due to the fact that cognitive function (ie problems with short-term memory, concentration, attention span, information processing) starts to decline following mental activity and then takes a much longer period of time for it to return to the previous level.
We therefore believe that if a person is not able to sustain and/or repeat a particular physical task on a regular and satisfactory basis over a suitable period then they should reasonably and legally be regarded as not being able to perform it.
Equally, if a person cannot usefully resume the performance of tasks that require appropriate and reliable cognitive functioning, they should also be regarded as not being able to perform the task.
Failure to take account of key symptoms such as fatigue and pain
Although the WCA points scoring system takes some account of the restrictions on mobility and cognitive dysfunction that commonly occur in ME/CFS, it fails to allow measurement of the results of symptoms such as fatigue, pain, problems with balance, orthostatic intolerance, and simply feeling ill all the time. As a result, people with ME/CFS are unable to score points in relation to a range of disabling symptoms that are all relevant to their ability to carry out meaningful work-related activities.
Failure to ask the right questions in relation to ME/CFS symptoms
Where the points scoring system does cover symptoms experienced by people with ME/CFS, it consistently fails to provide answers that are relevant to the situation faced by people with ME/CFS.
For example: Question 1 in the activity section asks about ability to walk with the help of an aid such as a walking stick. It provides a number of options involving a specific distance that someone is able to walk without having to stop or suffer severe discomfort. While some people with ME/CFS will be unable to walk unaided more than 200 metres, and so score points, there are others who are able to walk more than 200 metres on a single occasion but would not then be able to repeat this activity if asked to do so a short time later, or later the same day or following day, and certainly not repeatedly throughout the day. There are few potential situations where a claimant undertaking work-related activities could avoid this activity (and others) at this level, or greater, on a repeated basis.
Failure to take account of the type of employment that is normally undertaken
As already noted, most occupations involve a degree of physical and mental capacity but the mix and type of capacity will vary considerably. For example, someone working on building site will obviously have to sustain a high level of physical activity throughout the day whereas a teacher will have to sustain a high level of mental capacity, as well as the ability to stand for long periods. And the same situation applies to a whole range of occupations: doorman, security person, clerical assistant, shop assistant.
In the case of ME/CFS, exercise-induced fatigue and cognitive dysfunction are clearly going to have a major effect on the ability to pursue many occupations – even at a minimal part-time and flexible basis. And this will apply to both their normal occupation and other types of occupation that they may have to consider.
In relation to any limits on capacity potentially resulting from a whole range of illnesses, the WCA fails to address the sustainability of physical and mental capacities required for even the least onerous work and consequent circumstances, so it is not a robust measure in relation to the potential range of outcomes and responsibilities
Consequently, the failure of the WCA to make any attempt at assessing the type of physical and mental skills that a person will require to carry out their normal occupation, or any other form of work, is a serious omission. And it is clearly not just an issue that is relevant to ME/CFS.
Failure to take note of what people with ME/CFS are reporting in written assessments and questionnaires, at interviews, in examinations involving ATOS, and in reports from their own health professionals.
One of the most consistent features of feedback to The MEA from people who have been turned down for ESA is that they do not feel that their illness is understood by the civil servants and health professionals who are making eligibility assessments.
In medical assessments carried out by ATOS, they feel that information necessary for the correct choice of descriptor option is being ignored or assumed to be untrue, even when reports from medical professionals are shown to support both the written submission on their application and the verbal evidence given at the assessment. In both the incorrect choice of descriptor option, and the lack of appropriate additional comments, or even untrue additional comments made by the medical assessor, the level of error and misrepresentation is unprofessional. This is in addition to the basic inadequacy of single observations as realistic measures of sustainable capacity. This cannot be right. The medical assessor's report is based on one, limited assessment of selected aspects of the claimant's capacity on the day of examination. And the guidance for assessors on understanding complex conditions such as ME/CFS is likely to be more relevant to achieving an appropriate recognition of the claimant's capacity for sustaining work-related activity than the universal WCA which is based on assessments of capacity related to the most common presentations of simple disability / incapacity due to illness.
We also receive regular reports from people who state that their medical report contains significant errors – which obviously raises serious doubts about the credibility of evidence taking by ATOS.
We therefore believe it is essential that information from health professionals with a deeper and longer involvement in full medical assessment of the claimant's circumstances, and consequent understanding of resultant limitations on capacity, are given primary recognition by the assessor. Where such medical information is not available or current, then the general guidance for a named illness should be the primary source for the assessor.
Furthermore, the healthcare assessor’s opinion should not be based on a snapshot of the person’s state of health and ability to carry out a list of specific one-off tasks on the day of the examination. This assessment should consider the effects of the condition over a period of time. In order to do this we believe that it is essential to obtain information from the person’s GP, hospital specialist and any other relevant health professionals who are involved in the on-going management.
We have two further concerns relating to ATOS:
First is that straightforward and transparent procedures should be in place for those people who require a home visit in relation to medical assessments – our feedback indicates that the relevant information is difficult to find and the process of arranging a visit therefore becomes frustrating and complicated.
Second is the arrangements that exist between the DWP and ATOS and the widespread belief that staff employed to carry out these assessments are either under pressure to meet targets in relation to the various outcomes, or are receiving incentives to meet these targets. Once again, this cannot be right.
CONCLUSIONS
The MEA supports the targeting of benefits to those with genuine limits on their capacity. But this has to involve an assessment process that is transparent, fair and relevant to the condition being assessed. In the case of ESA and WCA this is clearly not the case when it comes to ME/CFS.
We have listed what we believe are a list of crucial issues that must be addressed in this independent review.
Many of the issues are not just confined to people with ME/CFS and we are sure that you will receive submissions making very similar points from people with other illnesses – such as multiple sclerosis and rheumatoid arthritis – where there is fluctuation in severity and a failure to sustain the type of snapshot activities that are asked about in the WCA.
The WCA form may appear simple and universal to those deciding policy for assessment, but many claimants are faced with a selection of reporting opportunities that do not relate to their experience of their illness and disability, and which they are unable to use to clearly explain the full basis for their claim. The government departments and agencies involved here have routinely claimed that their assessments of capacity are separate considerations from medical assessments, but an assessment of capacity is necessarily just a different viewpoint of the same balanced medical assessment that is needed to determine diagnosis and treatment. This false dichotomy has resulted in a process which is more likely to lead to error than correct resolution in complex cases.
The WCA is, like its predecessors, overly simplistic in what it actually measures and reports back, and has been the vehicle for much inefficiency and abuse by the Benefits Agency and its contractors.
In its current form the WCA is an extremely unreliable way of assessing fitness for work in people with ME/CFS. Consequently, many of our members feel that the wording and language used in the questionnaires and descriptors has been constructed so as to deliberately exclude people with illnesses such as ME/CFS – a point which we feel sure cannot have been the actual intention.
With regard to the changeover from ICB to ESA, a process which many people with ME/CFS are now extremely worried about, this should be delayed until the results of the independent review have been published. We believe it is unacceptable to go ahead with this changeover given the concerns we have expressed about the way in which the WCA is being used in the case of ME/CFS.
Finally, much more thought also needs to be given, along with appropriate action by government, to introducing some form of sliding scale of benefits for people who are only able to attempt to return to work on a flexible, erratic or part-time basis.
We therefore hope that the independent review will recommend changes to the WCA that will once again allow people with ME/CFS, who are genuinely unfit for work, to claim and receive a benefit that they should be entitled to.
http://www.meassociation.org.uk/index.php?option=com_content&view=articl...
Warning that people with serious illnesses are being judged fit for work when they are not
guardian.co.uk © Guardian News and Media Limited 2010
10th September 2010
Click to view response and other information.
"From: WCA.EVIDENCE@DWP.GSI.GOV.UK
Subject: Work Capability Assessment Independent Review Call for Evidence
Date: 15 September 2010
To: john@tcell.org.uk
Dear John,
Thank you very much for your response to the call for evidence for the Independent Review of the Work Capability Assessment. We very much appreciate your views and will be exploring the points you’ve raised over the course of the review. We will let you know when the report from the review is published later this year.
Best wishes,
The WCA Review Team"
Our response will be contained within the report when published. You will then have an oppourtunity to not only read the response BUT read the evidence submissions from all contributors. Of course I will publish the report link online in due course.
We have very little exposure to the WCA for new claimants. We understand that most of you are already on Incapacity Benefit and thus await migration. The submission was based on this whilst taking the oppourtunity to raise consisent issues accross all benefits as they relate to the less equitable treatment for HIV/AIDS claimants. An oppourtunity to influence the new WCA test such that it "engineers out" these long standing problems.
The Disability Benefits Consortium ,of which NAT is a member, provided data on a survey of those who had undergone the current WCA test and as part of our evidence we have deferred to this data.
The Work Capability Assessment: A Call for Evidence
Evidence from NAT (National AIDS Trust)
http://www.nat.org.uk/Media%20library/Files/Policy/2010/NAT_Response_WCA...
Summary
Citizens Advice Scotland’s response to the Independent Review into the Work Capability Assessment (WCA). The WCA is used to assess the capacity for work of claimants of Employment and Support Allowance (ESA). Bureau clients across Scotland have reported issues with the WCA, including clients being found fit for work who suffer from serious conditions, such as Parkinsons Disease, Multiple Sclerosis, heart failure, strokes, and bi-polar disorder.
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http://www.cas.org.uk/independentreviewintothewcaresponse.aspx
Arthritis Care fully understands how important disability benefits, including Employment and Support Allowance (ESA) and Disability Living Allowance (DLA) are, to many people with arthritis. We take a number of approaches to make sure the voice of people with arthritis is heard
Thank you to all those who shared their experiences and concerns, we have used them extensively in our responses.
Read our responses below:
The WCA Consultation is a call for individuals and organizations in England, Scotland and Wales to give their views on how the Employment and Support Allowance (ESA) should be structured and applied. You can read Arthritis Care’s response here:
This is a broader consultation which looks at the reform of disability benefits in general. It includes Tax Credits, Job Seekers’ Allowance and Housing benefit. Read Arthritis Care's response here:
UKDPC has provided a formal response to the Independent Review into the Work Capability Assessment (WCA). Professor Malcom Harrington has been commissioned to lead and undertake the inquiry.
The Department for Work and Pensions has commissioned this independent review of the Work Capability Assessment, as required by section 10 of the Welfare Reform Act 2007.
Specifically, our response is on how the Work Capability Assessment (WCA) operates. This includes evaluating how the WCA assesses limited capability for work and limited capability for work-related activity.
To read our response in full, please click on the link provided below.
UKDPC Response to Independent Review into the Work Capability Assessment (WCA) in Microsoft Word
http://www.ukdpc.net/index.asp?GetPress=TRUE&id=115&sid=76&ssid=0&sssid=0
Governments issue consultation documents when proposing new policies or guidance. The consultation process is a good opportunity for people to express their views.
We respond to consultations from government departments in Westminster that are relevant to people affected by autism.
You can read many of our consultation responses - past and present - below.
http://nas.live.clearpeople.net/ru/get-involved/campaign-for-change/our-...
On this page we will publish any responses to consultations made by member organisations rather than GMWRAG itself in order to share material as widely as possible. If you have a response you would like to share with GMWRAG members please ensure, wherever possible, that it is in Microsoft Word format. Anything that ends in “.doc” is good. If there is a problem with this then we can upload stuff as images as below but obviously this is not ideal. 15th September 2010 – NORTH WEST MENTAL HEALTH WELFARE RIGHTS GROUP RESPONSE TO WCA INDEPENDENT REVIEW
http://gmwrag.wordpress.com/social-policy/consultation-responses-by-memb...
Description:
This response considers the impact of the new Work Capability Assessment (WCA) on single homeless people.
Pages: 7
Download: Download WCA Independent Review.pdf
Hardcopy available: No
http://www.crisis.org.uk/publications-search.php?fullitem=281
The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) Amendment Regulations 2011
http://www.ssac.org.uk/pdf/esa-amendment-regulations-2011.pdf
You can read the Independent Review on the Work Capability Assessment (WCA) 2010 by clicking here. There will be further reviews, every year for five years.
You can read the Government's response by clicking here.
The Independent Harrington Review of the Work Capability Assessment (WCA) has today published its findings and recommendations. The report calls for extensive reforms to the WCA in order to make it more fair and effective.
The Disability Benefits Consortium (DBC), of which RADAR is a member, welcomes the report and hopes that the Government responds to the concerns it raises.
Dr Mark Baker, Co-Chair of the DBC said:
“We are glad that the review has undertaken such a comprehensive investigation of the WCA and pleased that its report reflects the concerns raised by a huge number of our members in their submissions to the Review. We hope that the Government will fully implement the report’s recommendations."
"The WCA is the gateway to Employment and Support Allowance (ESA) which should be providing vital support to people with disabilities, but is often denied to people even with serious impairments because of the verdict of their WCA."
"The extent of the Review’s recommendations clearly indicate that the current WCA process is deeply flawed and the Government needs to make sure that, once they have implemented the recommendations, these issues are fully resolved. They should not proceed with moving claimants of older incapacity benefits onto ESA, via the WCA, until it is clear that the assessment is working fairly and effectively."
"We now have independent verification of what our members have been saying for years: that the WCA is not working properly. The Government must take this opportunity to reform the system to ensure that disabled people are treated fairly."
Liz Sayce, Chief Executive of RADAR, said:
"RADAR has been glad to feed into the review of the WCA and welcomes the emphasis on far-reaching improvements to the process and the basis of the assessments. RADAR believes that by improving the assessments, making them more empathetic and rounded (reflecting people's own accounts of their issues and the views of their health/care professionals) decision-making could be improved. We are pleased that the Government has endorsed Professor Harrington’s report and will implement changes quickly. This will help reassure disabled people that their concerns about the current system are being listened to."
"We welcome the decision to extend the independent review and look forward to seeing further positive changes to the assessment process including development of “real world” approaches that take more account of people’s everyday lives and actual work environments."
"The Government must ensure public money is used only on effective and proportionate assessments - and that resources go where they are most needed, on front-line support for people to get and keep sustainable employment."
The Work Capability Assessment (WCA) was introduced in October 2008 to assess entitlement to Employment and Support Allowance (ESA). Section 10 of the Welfare Reform Act 2007 commits the Secretary of State to lay an independent report before Parliament each year for the first five years of operation.
On 29 June 2010 the Secretary of State appointed Professor Malcolm Harrington to undertake the first of these independent reviews. We published his review on 23 November 2010, alongside the Government’s response to it.
Professor Harrington reviewed the fairness and effectiveness of the WCA. He set out a substantial series of recommendations to the Government based on the evidence he collected as part of the review. The main recommendations focus on:
We published the review on 23 November 2010.
An Independent Review of the Work Capability Assessment
The Government responded to Professor Harrington’s review on 23 November 2010. They welcomed the findings and recommendations of the review – fully endorsing and accepting his suggestions.
The Government response includes details of how and when we will implement the recommendations.
Professor Harrington’s review is the first of five annual reviews. Improving the WCA will be an ongoing process to ensure that the system works as well as possible for people going through it.
Professor Harrington has been re-appointed to lead the second review. We will publish details about this here in due course.
http://www.dwp.gov.uk/policy/welfare-reform/employment-and-support/wca-i...
Changes will be made to the Work Capability Assessment (WCA), which assesses whether someone is fit for work, to iron out any problems and improve the system, Employment Minister Chris Grayling announced today.
The changes are outlined in an independent review by Professor Malcolm Harrington, who was asked by Ministers earlier in the year to look at the assessment and recommend improvements. Chris Grayling today pledged to accept all the recommendations from the review.
The Harrington Review, published today, includes evidence from health and disability groups and has made substantial recommendations including:
Responding to the review Chris Grayling said:
"It’s unacceptable that so many people have been written off to a lifetime on benefits. We know that many of these people could and do want to work, but the current system doesn’t allow them to.
"Improving the WCA is central to our commitment to help thousands of people start the journey back to work and the Harrington Review is a crucial step towards this.
"It’s in everyone’s interest that we get the WCA right and Professor Harrington’s recommendations will make the assessment fairer and more effective.
"The WCA should be seen as a positive first step towards returning to work. Those who are found fit for work will get the help and support they need to get a job. Those found too sick or disabled to work won’t be expected to and will continue to receive the help and support they need to lead fulfilling lives."
The WCA is already being used to assess new claims for sickness benefits and from early next year will be used to assess all those trapped on incapacity benefits, to see whether they are fit for work, need tailored help to get work ready, or require unconditional support.
Chris Grayling has asked Professor Harrington to continue in his role as Independent Reviewer. Professor Harrington said:
"I have found that the WCA is not working as well as it should. However, this is not about ripping up the current system and starting all over again. So I am proposing a substantial series of recommendations to improve the fairness and effectiveness of the WCA."
http://www.dwp.gov.uk/newsroom/press-releases/2010/nov-2010/dwp160-10-23...
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my wife has been ill for 10 yrs and has been on incapacity benefit due to her enduring mental illness.she is on high dosage med's after receiving e.c.t recently. will she be required to attend e.s.a medical. p.s i am claiming carers allowance as she need's full time care.