Universal Credit, PIP and ESA regulations could be changing
The Department for Work and Pensions has fully accepted four recommended changes to the Right to Try legislation, with one final recommendation being ‘partially accepted’. The department admitted that the new rules may have left claimants without ‘sufficient reassurance’.
The Right to Try is new legislation allowing disabled people claiming Universal Credit, Personal Independence Payments and Employment and Support Allowance to try work without the fear of triggering an automatic reassessment. The Social Security Advisory Committee recommended that the DWP make five changes to the legislation.
Six month protection
The Secretary of State will be prevented from initiating a reassessment of the benefit claim within at least six months of a claimant starting paid or voluntary work expect where there is suspicion of fraud or a change of circumstances not related to work.
Evidence that a claimant has functional capacity derived from their work activity or workplace performance during this protected period won’t be treated on its own as demonstrating a sustained capability in any assessment or reassessment.
The DWP accepted this recommendation, however DWP minister Pat McFadden noted in the response: “I have asked officials to undertake work urgently to assess how this change could be delivered within my existing powers via secondary legislation. However, implementing this change in full across all benefits would likely require primary legislation, and the Department will need time to review and assess its policy and delivery implications before the policy detail is finalised.”
Leaving work
The Committee recommended that the Department update guidance around sanctions and conditionality decisions so that leaving employment or voluntary work due to health reasons within the protected period will be accepted as a ‘good reason’.
It urged: “This guidance should also address claimants with fluctuating conditions, dual Universal Credit (UC)/ESA and PIP claimants, and UC claimants without limited capability for work (LCW) or limited capability for work-related activity (LCWRA) whose work attempts later prove unsustainable because of their health due to a deterioration in health or the unsustainability of the role.”
The DWP accepted this recommendation but noted that it needs to consider “how and when” to put it into practice.
Communications
The Committee urged the DWP to ensure its communications, regulations and guidance of the new framework are all clear and aligned so that claimants aren’t “inadvertently misled”. The DWP accepted this, admitting it is “essential” for Right to Try to work.
Guarantee package
The Department was told to talk with claimants, organisations and advisors to figure out what full guarantee package could make people sufficiently confident that they won’t lose out by trying to work.
The DWP accepted this recommendation but added: “The Department will continue engaging with stakeholders and has already been doing so through the Collaboration Committee. However, ministers must ultimately determine the direction of this policy.”
Guidance for assessors
The Committee urged the DWP to “immediately” issue guidance for assessment providers stating that a claimant demonstrating functional capacity in a work setting should not be treated as evidence of them having a sustained and reliable capability for PIP or WCA purposes in the first six months.
The Department partially accepted this recommendation with the minister stating: “I agree to undertake work to examine how to best protect entitlement for claimants during their first 6 months of work, but require more time before guaranteeing when or how this can be operationalised.”
In response to the four accepted changes, committee chair Dr Stephen Brien wrote: “I am pleased to note that you have accepted four out of the Committee’s five recommendations, with the remaining one partially accepted. While recognising that some aspects of our recommendations will take time to fully implement, I regard your response as a positive step forward in achieving greater alignment with your stated policy intent of giving clearer reassurance to claimants with disabilities or health conditions who wish to explore work without fear of a reassessment or award review. I look forward to receiving updates from the Department as further progress is made.”
DWP secretary Pat McFadden replied, according to Birmingham Live: “I would like to thank you for setting out the Committee’s concerns in your subsequent letter. I recognise the Committee’s view that fear of reassessment continues to present a significant barrier to work. I understand the Committee concluded that, in its view, the Right to Try regulations as drafted may not provide claimants with sufficient reassurance.
“Your recommendations therefore focus on strengthening protections, so claimants are not disadvantaged when taking steps towards work, including volunteering. I agree with the direction of the recommendations and set out below the approach that the Department will adopt in taking them forward.”
