A real alternative to the WCA

The Work Capability Assessment has failed us all

The overall claimant count has only reduced by 150,000 over 4 years

Only 8,600 new ESA claimants & 760 ex – Ib claimants have found work (mandatory schemes)

Over 1 million claimants have appealed

6,004,800 (6 million) ESA cases

1,486,500 (1.4 million) repeat cases

4,138,400 (4.1 million) WCA assessments

DWP Figures 2008 - 2013

We need to find a better alternative

Abolish the WCA

Find a better way

Claimants need the right support

• Recognising the true problems faced by claimants

• Based upon a proper four way assessment

• Ensuring the right package of support

• A personal credit which moves with the claimant whether in or out of work

4 Way Assessment

From claimant’s

perspective

With claimant’s clinician’s opinion on

physical and/or mental health

From an independent HCP’s point

of view

From employment perspective

A new four way assessment process

Claimants are assessed flexibly

A variable percentage rated credit is awarded from 0 to 100%

There is no grouping as ‘fit for work’, or placement within the WRAG/Support Group

The percentage determines the amount of help the claimant receives both financially and via non – monetary support

Claimants who are too unwell are exempted & awarded maximum support from the outset

• The claimant indicates they may fall in to an exempt category

• Their doctor/clinician speaks directly with the independent HCP via a special helpline

• The joint opinions are put before a senior decision – maker. Where there is agreement a 100% award + support package is provided

The % award determines the amount of Universal Credit & support

Personal Credit is awarded as part of Universal Credit award – paid in or out of work

Jill has multiple health problems including early age arthritis, an eating disorder and severe anxiety/depression. She has many problems, wants to work but hasn’t since leaving school.

Jill is initially assessed at 100% and receives her personal credit, very little conditionality is attached to her Universal Credit claim

With the appropriate support, Jill starts to overcome her eating disorder, anxiety and depression.

As Jill improves her personal credit is lowered to 70%, she feels ready to move in to work. Her conditionality agreement is tailored to the improvement.

The assessment process recognises Jill’s need of financial support as well as recommending she needs additional aids to help her cope with her arthritic condition

How does it work for Jill?

In time, Jill moves in to work. As she improves her Universal Credit gradually reduces Jill’s personal credit tapers off gradually in units of 10%

Jill’s employers are rewarded with sustainment payments – paid the longer Jill stays in work

The assessment process recognises a much wider range of barriers in to work

• Certain conditions such as terminal cancer or serious mental health disorders result in the maximum credit 100% - this can be linked to a Personal Independence Payment award

• Percentages are awarded where barriers such as long term welfare dependency or lack of basic literacy or numeracy skills are a factor

• The 4 way assessment aims to get a much better picture of the claimant’s real problems

• There is early stage exclusion for claimants where inclusion would be detrimental to their health

And end to the WCA

Makes way for a replacement which works

Presentation by Nick Dilworth, Jane Bence & Rick Burgess (April 2014)

Follow Nick on Twitter @mylegalforum