Page 56, point 7 of the government report "Building Britians Recovery: Achieving Full Employment" states "From October 2010, beginning a reassessment of all customers receiving Incapacity Benefit or Income Support on the grounds of disability for ESA. "
PDF version Incapacity benefits – reassessing claims
Between October 2010 and Spring 2014 customers who receive Incapacity Benefit, Severe Disablement Allowance and Income Support paid on the grounds of illness or disability will be assessed for Employment and Support Allowance.
The following benefits are being phased out:
- Incapacity Benefit
- Income Support paid because of an illness or disability
- Severe Disablement Allowance.
Customers who receive these benefits will be reviewed to see if they are eligible for Employment and Support Allowance.
- People who are capable of work will move onto Jobseeker’s Allowance where they satisfy the conditions of entitlement for that benefit.
- People who need more support while they prepare for work will get that help on Employment and Support Allowance (ESA).
- Those people who are most disabled or terminally ill will not be expected to look for work and will get the extra support they need on ESA.
These new processes are currently being trialled with 1,700 customers in and around Aberdeen and Burnley. The trials started on the 11 October 2010 and will finish in January 2011. We will then start to reassess people nationally from Spring 2011. This process will take place over the following three years.
The change will not affect:
- people who are already being paid Employment and Support Allowance
- people who reach state pension age before 6 April 2014.
- Incapacity benefits – the reassessment process – explains how we will contact customers, how we will reassess their claims and what happens afterwards.
Communications for advisers
We have produced a range of information products to help advisers support customers who are being reassessed. These have been developed in response to feedback given during our stakeholder engagement. Key Customer Representative Groups that DWP work with have also reviewed these products:
Customers
A fact sheet explaining reassessment that can be issued to customers by stakeholders.
Customers with additional communication and support needs
A factsheet explaining the support Jobcentre Plus provides for customers with additional communication and support needs.
Stakeholder information pack
An information pack for stakeholders providing an overview and introduction to the reassessment.
Information to reuse
Some material which external organisations are free to use in their own publications and products when letting people know about reassessment.
- Information for reuse – incapacity benefits reassessment (115KB) Rich Text Format
Q and A
A question and answer log based on questions that have been asked by stakeholders during our discussions and engagement.
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Question and answer log (62KB)
Engagement with advisers
Discussions have taken place with external stakeholders and customer representative groups to make them aware of the changes and to seek their views on how we can best support people through this change.
Two events were held in July, bringing together our external stakeholders with staff from both Jobcentre Plus, who will be implementing the changes, and Employment and Support Allowance (ESA) policy officials.
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On 7 July, over 140 front-line advisers and other professionals who work with DWP customers attended three workshops on IB Reassessment at the DWP Annual Forum.
Delegates were talked through the changes and we explained the journey that customers will go through as they are reassessed. Delegates were asked to provide their views on what the sorts of information and communications they would like to help them understand the changes and support their customers. They were also asked for ideas on how best to access and support the smaller support groups that play a key role in the lives of many of our customers.
- On 20 July, another event was attended by 26 representatives of key national customer organisations. As well as talking stakeholders through the customer journey and obtaining their input into DWP communications plans, there was also a discussion of the Work Capability Assessment and the changes that are planned for ESA.
Both events generated lively discussion and a lot of really helpful information and insight that have been fed into the project and used to inform our communications. Questions from the delegates were also taken away and have been used to produce the question and answer log above.
Moving forward from these events we have been providing regular updates at the Jobcentre Plus Customer Representative Group Forum and via our stakeholder bulletins, Touchbase e-zine and In Touch. Further updates will also be available in these bulletins.
from rightsnet.org.uk
Migration of claimants from incapacity benefits to employment and support allowance
New statutory instrument
12 October, 2010
New regulations have been issued in relation to the 'migration' of claimants from incapacity benefits to employment and support allowance (ESA).
In force from 1 November 2010, the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (SI.No.2430/2010) are designed to 'further clarify the policy intent' of the exercise to reasses those receiving incapacity benefits using the work capability assessment, as well as to correct drafting errors contained in SI.No.1907/2010 that was itself issued after errors were found in SI.No.875/2010.
To this end the new regulations -
- make special provision for the conversion of cases where, exceptionally, a claimant is entitled to incapacity benefit but is already entitled to ESA as well (by virtue of having appealed a disallowance of incapacity benefit and claimed ESA in the interim, until the appeal is successful), to allow the determinations of limited capability for work and limited capability for work-related activity made in respect of the ESA award to be used;
- clarify the composition of the weekly rate of incapacity benefit or severe disablement allowance to which the Department will have regard in calculating whether to award any transitional addition;
- clarify that someone who, prior to being reassessed, was claiming income support on the grounds of incapacity, whose award qualifies for conversion to ESA but who nevertheless chooses to continue to receive income support on another ground, will lose the disability premium if it was being paid solely on incapacity grounds;
- clarify that someone who, prior to being reassessed, was claiming income support on the grounds of incapacity, but who is found fit for work at the work capability assessment and chooses to continue to receive income support on another ground, will lose the disability premium if it was being paid solely on incapacity grounds;
- clarify that those who return to benefit after a break of less than 12 weeks will regain entitlement to any transitional addition previously in payment only if they are determined as having limited capability for work;
- ensure that those receiving income support who are already exempt from the habitual residence test continue to be exempt for the purposes of converting that award to ESA;
- modify the Income Tax (Earnings and Pensions) Act 2003 to clarify that transitional additions payable on top of contributory ESA are chargeable to tax as social security income;
- clarify that if someone who is in receipt of incapacity benefit or severe disablement allowance chooses to appeal a conversion decision that they are fit for work, the Department will treat them as having fulfilled the conditions to receive contributory ESA at the assessment phase rate pending the outcome of the appeal; and
- clarify that work or training beneficiaries who return to ESA after a break of less than 104 weeks will immediately be restored to the financial position they would have been in if they had not left ESA.
In addition, from January 2011, the new regulations remove the existing barrier to continuing awards of JSA where the claimant is only temporarily incapable of work and has been in receipt of incapacity benefit, severe disablement allowance or income support within the previous 8 weeks.
SI.No.2430/2010 is available from legislation.gov.uk
from rightsnet.org.uk
New miscellaneous amendment regulations
Legislation in force from November 2010
12 October, 2010
New regulations have been issued that provide for miscellaneous amendments to benefit legislation.
In force from 1 November 2010, the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (SI.No.2429/2010) principally -
- remove, for new claims, four 'exemption categories' from the JSA joint claim rules - that relate to those incapable of work; disabled students; deaf students and blind members of a couple - in order to align these with similar amendments already made to prescribed categories of person eligible for income support;
- make clear that child dependency increases received through benefits such as incapacity benefit or carer's allowance should be disregarded in the assessment of means tested benefits in cases where child allowances and premiums are no longer being paid with that benefit, beng instead paid via child tax credit;
- provide, where benefit has been paid but an Employment Tribunal awards in favour of the employee with the result that wages should be paid for the same period, for regulations that allow for the Secretary of State to recover from the employer an amount in respect of income support or JSA, to also apply to awards of income-related employment and support allowance (ESA);
- allow for Mortgage Interest Direct payments to be taken from the contributory element of JSA or ESA where it is paid together with an income-related element;
- make clearer the policy intention that the amount of the reduction in benefit, set by reference to the amount of the work-related activity component in ESA, that can be applied because of failure to show good cause for not taking part in a work-focused interview, applies equally to those in receipt of incapacity benefit; and
- ensure that students who, because of a health condition have to suspend their course and wish to claim benefits, and who are treated as having drawn down their student loan whether or not they have actually done so, are not penalised by being treated as if they have income that they do not have.
SI.No.2429/2010 is available from legislation.gov.uk
See also SR.No.345/2010 that makes corresponding provision in Northern Ireland
The government will press on with its timetable to reassess 1.5m incapacity benefit claimants on their fitness to work despite a review published today that exposes serious flaws in the assessment process.
The process for reassessing people on their eligibility for employment and support allowance, which replaces incapacity benefit, begins next April under the work capability assessment (WCA). The first medical tests will be undertaken in the summer.
But today's independent review of the assessment uncovered a lack of expertise, empathy and accuracy in the process.
"At each stage that the individual goes through, there is something that could be done better," said Professor Malcolm Harrington, author of the review. "The process is mechanistic and unclear and people are not sure what is happening to them."
The government has accepted Harrington's recommendations for reform. However, Mind chief executive Paul Farmer said reassessments of IB claimants ought to be delayed until the reforms were fully implemented.
"Some of Harrington's recommendations are quick-fixes, which should be easy enough to action," Farmer said. "But many more will require cultural shifts in the delivery of the WCA, which will take time to fully implement and evaluate."
However, when asked today whether he would consider delaying the reassessments, employment minister Chris Grayling said: "I do not think there are grounds for stopping."
Harrington recommended that the government introduce more personalised assessments, in addition to tick-box scoring of people's capabilities, and move away from an over-reliance on the medical assessment conducted as part of the WCA.
The report criticised the assessment for failing to take account of people with mental health issues or fluctuating conditions. Harrington said mental health experts should be available in all assessment centres to handle these claimants and advise fellow assessors.
Atos Healthcare, which conducts the medical assessments on behalf of the government, will institute more mental health training for its staff.
Decisions about eligibility are made by Jobcentre Plus staff, based on evidence from the Atos assessors, the client and health and social care professionals.
However, Harrington found that Jobcentre Plus staff relied too heavily on the medical assessments. In only 2% of cases did they depart from Atos's recommendations.
He said the staff were not confident in making decisions and recommended more training to place them at the centre of the assessment process. This would avoid the cost of appeals and save claimants the stress of appearing before a tribunal.
Grayling said he was confident that the introduction of mental health specialists and additional training for Jobcentre Plus staff could all be in place by next summer.
The descriptors, used in the assessment as benchmarks against which to test a person's capabilities, were also said to be inadequate in accounting for people's mental health problems.
Harrington is due to report back to the government on proposed changes before the end of the month, and Grayling said the recommendations would be implemented as soon as possible.
The government will also adopt recommendations to make the process more personalised and include more detailed qualitative assessments from medical assessment staff; the ability for claimants to submit their own written comments; more personal contact via telephone conversations at all points of the process and more support from Jobcentre Plus staff.
Related articles
Charities round on welfare reform plans
Disability groups furious at sickness benefits cuts
The work capability assessment
http://www.communitycare.co.uk/Articles/2010/11/23/115875/sickness-benef...
From HaNSARD
Work and Pensions
Incapacity Benefit Reassessment
The Minister of State, Department for Work and Pensions (Chris Grayling): The trial for the reassessment of incapacity benefit customers in Aberdeen and Burnley has been under way since October last year. Over 1,000 customers have now been informed of the outcome of their reassessment.
The trial has tested a new process providing a number of additional support measures for customers as they go through their reassessment journey. At key points, Jobcentre Plus staff telephone customers to inform them about what is happening and to ensure they have access to appropriate help and advice. Customers also have the opportunity to discuss the decision on their case with a decision maker, putting into practice one of the key findings in Professor Harrington's recent review of the work capability assessment. These additional support measures have been welcomed by staff and customers.
We want to ensure that the experience gained in the trial is shared across all of the centres that will be dealing with the reassessment of incapacity benefit claimants before we move to the full, national roll-out in April. So we intend to have a limited, introductory phase in every centre carried out in the same controlled
25 Jan 2011 : Column 6WS
conditions as Burnley and Aberdeen. This will ensure the process remains robust and we continue to learn valuable lessons as more customers are involved in more areas across the country.
At the end of February, we will begin this introductory phase. Letters will be sent to 1,000 customers a week nationally, marking the commencement of their reassessment. So a total of around 300 people will be assessed in each reassessment centre over this period. In April, we will step up the implementation and increase the number of cases to around 7,000 a week. From May we will be processing the full case load of around 11,000 cases per week. This steady ramp up of activity will ensure that Jobcentre Plus and its partners are ready and can deal with the volume of cases as it builds. Customers' reactions to the changes will be closely monitored and lessons applied.
Our plans are on track. Reassessment remains a key priority for this Government. We cannot allow people to be trapped on benefits, but we will ensure people get the benefits and support that they are entitled to.
how do i make a comment dont understand and cant see the icons here, very distressed, dont have hiv, and those who have should never (as i thought their condition was terminal?) be assessed............ also i have several disabilities, had letter yesterday telling me that i had to be assessed for change from incapacity to esa, yet I am 58, 59 in Sept, and would be 60 in 2012 (when retirement age was at that age eg 60) now been moved to 63 so I will be damn affected wont I as I am 63 in 2015 one year before the age I would have been ok. and one year after they changed it (this year in april 2011) and they have done a tripple whammy on me, because they are raising pension to £150 on Oct 6th 2015..................... I rest my case. ever felt like committing hari cari or whatever suicide is called I really really do..............
Migration from Incapacity Benefits to Employment Support Allowance
Employment and Support Allowance (ESA) replaced incapacity benefits for people making new claims from October 2008. To be eligible for ESA, a person must usually undergo a Work Capability Assessment (WCA).
The introduction of ESA in 2008 was initially limited to new claimants. Existing incapacity benefit claimants are now being reassessed under the Work Capability Assessment. The process will last until 2014 with around 1.5 million people being reassessed.
Reassessment commenced on 11 October 2010 with a trial in Aberdeen and Burnley. At the end of February, Jobcentre Plus began a limited introductory phase, and will move to full national reassessment of incapacity benefit claimants from April 2011.
In particular, the Inquiry will focus on the following issues:
- The Department’s communications to customers going through the assessment and whether the information, guidance and advice provided by the Department and Jobcentre Plus is effective in supporting customers through the process.
- The Work Capability Assessment including: the assessment criteria; the service provided by Atos staff; the suitability of assessment centres; and customers’ overall experience of the process.
- The decision-making process and how it could be improved to ensure that customers are confident that the outcome of their assessment is a fair and transparent reflection of their capacity for work.
- The appeals process, including the time taken for the appeals process to be completed; and whether customers who decide to appeal the outcome of their assessment have all the necessary guidance, information and advice to support them through the process.
- The outcome of the migration process and the different paths taken by the various client groups: those moved to Jobseeker’s Allowance, including the support provided to find work and the impact of the labour market on employment prospects; those found fit for work who may be entitled to no further benefits; those placed in the Work Related Activity Group of the ESA, including the likely impact of the Department’s decision to time-limit contribution-based ESA to a year; and those placed in the Support Group.
- The time-scale for the national roll-out for the migration process, including the Department’s capacity to introduce changes identified as necessary in the Aberdeen and Burnley trials.
Short submissions (no more than 3,000 words) are invited from interested organisations and individuals.
The deadline for submissions is 14 April 2011.
News
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Letter to Employment Minister on release of benefit claimant statisticsChair of Work and Pensions Committee writes to Rt Hon Chris Grayling MP
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Incapacity benefit reassessment not yet understood by claimants say MPsWork and Pensions Committee publishes report
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MPs take evidence on Migration to Employment and Support AllowanceWork and Pensions Committee holds second evidence session
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Committee holds evidence session on Employment Support Allowance
Launch of inquiry into migration from Incapacity Benefit
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Publications
| Title | Date published |
|---|---|
| 6th Report - The Role Of Incapacity Benefit Reassessment In Helping Claimants Into Employment - Volume II | 26 July 2011 |
| 6th Report - The Role Of Incapacity Benefit Reassessment In Helping Claimants Into Employment - Volume I | 26 July 2011 |
| Migration to ESA - written evidence | 05 May 2011 |
http://www.parliament.uk/business/committees/committees-a-z/commons-sele...
11 January 2010 – Consultation: The Employment and Support Allowance (Transitional Provisions) (Existing awards) Regulations 2010 and the Housing Benefit and Council Tax Benefit (Employment and Support Allowance) Amendment Regulations 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 (Transitional Provisions) (Existing Awards) Regulations 2010 and The Housing Benefit and Council Tax Benefit (Employment and Support Allowance) Amendment Regulations 2010.
The proposed regulations provide for the movement of benefit claims from Incapacity Benefit, Income Support paid on grounds of incapacity and Severe Disablement Allowance to Employment and Support Allowance (ESA) and associated changes to Housing Benefit and Council Tax Benefit.
Before the Committee considers and reports on these proposals, it would like to hear from organisations and individuals who have views on these proposed regulations.
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 the SSAC website: www.ssac.org.uk or from the Secretary to the Committee, Gill Saunders (0207 962 8345). Representations should be sent to the Committee at Level Three, 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 SSAC website.
Responses should arrive no later than Monday 8 February 2010.
http://www.dwp.gov.uk/newsroom/press-releases/2010/january-2010/dwp001-1...