From Hansard 11th October 2011

Work Capability Assessment: Illnesses

Caroline Lucas: To ask the Secretary of State for Work and Pensions pursuant to the answer of 7 September 2011, Official Report, column 681W, and to the answer of 19 July 2011, Official Report, column 856W, on work capability assessment: illnesses, whether in circumstances where insufficient information is available and an ESA50 form is sent to a claimant with a terminal illness, the special employment and support allowance rules prevent a person with a terminal illness receiving an ESA50; and what account he took of the possibility of a terminally ill person receiving an ESA50 form due to insufficient information when taking the decision not to modify the ESA50 questionnaire to include specific questions about terminal illness. [72657]

Chris Grayling: Individuals who are diagnosed with a progressive disease, where death is a likely consequence of that disease and where this is reasonably expected within six months, will be treated as having limited capability for work and limited capability for work related activity, and as such they are placed in the Support group of employment and support allowance (ESA) with the additional support which that entails.

11 Oct 2011 : Column 358W

Where an individual advises the Department, as part of their claim to ESA that they are terminally ill and wish to be considered under the ESA special rules, an ESA50 form will not be issued. This is unless upon receipt of further medical evidence from the individual's chosen healthcare professional or consultant terminal illness as defined, cannot be confirmed via paper based evidence. In these unusual circumstances, the individual would receive an ESA50 questionnaire and usually be invited to attend a face to face assessment.

The ESA50 was developed and designed in consultation with medical experts and groups representing disabled people. Workshops were also held with service users to get their views and suggestions on the questionnaire. Their comments were taken into account in the development of the form, as were those of the social security advisory committee.

We are committed to continuously improving the WCA to ensure that it is as fair and accurate as possible. As part of this the ESA50 is also regularly reviewed and refined.

From Hansard 7th September 2011

Work Capability Assessment: Illnesses

Caroline Lucas: To ask the Secretary of State for Work and Pensions pursuant to the answer of 19 July

7 Sep 2011 : Column 682W

2011,

Official Report

, column 856W, on work capability assessment: illnesses, whether there are circumstances in which those in receipt of incapacity benefit who have a terminal illness may be sent an ESA50 form to complete as part of the migration process to employment and support allowance. [70240]

Chris Grayling: Individuals who are diagnosed with a progressive disease, where death is a likely consequence of that disease and where this is reasonably expected within six months, will be treated as having limited capability for work and limited capability for work related activity. At any point in the incapacity benefits reassessment process, where there is sufficient evidence that an individual is terminally ill as defined, they will placed in the support group and no further related information requested. However, cases are dealt with on a case by case basis, dependant on available evidence, and so a guarantee cannot be provided that an ESA50 will not be sent to the claimant in every case where insufficient information is available.

It should also be noted that existing incapacity benefits (IB) claimants will have already been in receipt of benefit for a period in excess of two years and as such, unless their circumstances have changed during that time, are unlikely to be subject to the provision covering terminal illness within employment and support allowance.

From Hansard 19th July 2011

Work Capability Assessment

Jessica Morden: To ask the Secretary of State for Work and Pensions what his policy is on work capability assessment tests for people diagnosed with a progressive condition. [66731]

Chris Grayling: The work capability assessment (WCA) is an assessment of an individual's functional capability. It focuses on the effects of a person's condition, not their diagnosis, as individuals can be affected in very different ways by the same condition.

19 July 2011 : Column 856W

In assessing individuals with a progressive condition, the WCA will take into account the effects of their condition on their capability for work, including the likely speed of progression. Individuals who are allowed the benefit will be reassessed at regular intervals to see if they still meet the conditions for entitlement. Any changes in their condition and resultant changes in their capability for work will be picked up at this time.

Work Capability Assessment: Illnesses

 Caroline Lucas: To ask the Secretary of State for Work and Pensions if he will amend his Department's ESA50 questionnaire to include specific questions on whether the respondent is suffering from a terminal illness. [67691]

Chris Grayling: We aim to treat people with terminal illness (defined as less than six months to live) sensitively and to ensure they are allowed the additional support of the Support Group as quickly as possible, without the need for a face-to-face assessment. To do this, employment and support allowance has special rules that ensure individuals who claim the benefit because they are terminally ill do not have to fill out an ESA50 questionnaire or attend a face-to-face assessment, instead, in the vast majority of cases, they are placed in the Support Group on the basis of medical evidence from their general practitioner or treating health care professional.

Such medical evidence is usually provided in the form of a DS1500. If further clarification or evidence is deemed necessary, requests are normally made direct to the general practitioner or treating health care professional. As a result, we do not intend to modify the ESA50 questionnaire to include specific questions about terminal illness.

Caroline Lucas: To ask the Secretary of State for Work and Pensions whether there are any circumstances in which a terminally ill person in possession of a DS1500 form and migrating from incapacity benefit to employment support allowance would be required to undergo a work capability assessment. [67692]

Chris Grayling: Anyone who claims employment and support allowance because they are terminally ill and they meet the criteria for terminal illness (that they have less than six months to live), such as through evidence on a DS1500 form, will not be required to undertake a face-to-face assessment. Instead they will be fast tracked into the Support Group where they will receive unconditional support.

Individuals who do not meet the criteria for terminal illness may have to undergo a face-to-face assessment.