DWP told to 'listen to disabled people' after court rules on 'unlawful' benefit change

MPs are urging the Department for Work and Pensions (DWP) to take a cautious approach in reforming benefit assessment rules, following a court ruling that deemed previous changes unlawful. An early day motion has been initiated by a group of MPs, calling for any changes to the Work Capability Assessment to involve disabled individuals and their representative organisations.

The motion refers to a High Court ruling from January 2025, which found a consultation on changing the Work Capability Assessment under the former Conservative Government to be unlawful. Judges ruled that the 2013 consultation failed to clarify that the proposals were designed to cut costs by reducing benefits, and did not allow enough time for responses.

In light of this court decision, the motion urges the Government "to ensure that any proposals to reform the Work Capability Assessment are undertaken by a process of co-production with disabled people and the organisations, groups and campaigning bodies representing disabled people including Disabled People Against Cuts (DPAC)". The MPs also appealed to the Labour Government to ensure any proposals adhere to the fundamental principle advocated by disabled people: 'nothing about us, without us'.

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The Work Capability Assessment is used to evaluate how a person's health condition or disability affects their ability to work. For those on Universal Credit, it determines the requirements for their job search, as outlined in their Claimant Commitment. Failure to meet these conditions can result in reduced or stopped benefits, reports Kent Live.

Labour is intensifying efforts to help benefit recipients find work, as outlined in the 'Get Britain Working' white paper from November 2024. The strategy includes providing more support for employers to hire staff with health conditions or disabilities.

The white paper highlights the need for a shift in focus: "The current system focuses on assessing capacity to work instead of on helping people to adjust and adapt to their health condition. It misses opportunities to work with people to identify what kind of support could make work possible for them. 20% of people with limited capability for work and work-related activity (LCWRA) across Universal Credit and Employment and Support Allowance feel that paid work could be possible in the future."

The plans also aim to enhance the job coach service, with a trial currently in progress that switches to phone and video consultations, eliminating the need for claimants to travel to the jobcentre. An internal review is also underway to assess the effectiveness of the Claimant Commitment for those receiving work-related benefits.