The Work Capability Assessment: the DWP's 'Call for Evidence'
Employment and Support Allowance (ESA) and the Work Capability Assessment (WCA)
ESA was introduced in 2008 as a replacement for Incapacity Benefit (IB). It is designed for people who have limited capability for work (who are placed in the Work Related Activity Group), and people who have limited capability for work related activity (who are placed in the Support Group). The WCA is contracted out to Atos Healthcare; reports from Atos are used by JCP Decision Makers to decide whether a claimant should be assigned to the Work Related Activity Group, the Support Group or is fit for work.
Last year the government began moving existing claimants from IB to ESA, which meant that they were required to take the WCA - 39 per cent of those tested failed and thus lost entitlement to all benefits for incapacity. The WCA has been increasingly criticised for excluding many people who face severe disability-related obstacles to employment.
The Harrington Review
In 2010, the government asked Prof Malcolm Harrington to review the operation of the WCA. He found that the WCA should be used to assess ESA eligibility, but that it is not working as well as it should and made a number of recommendations to improve the fairness and effectiveness of the system including:
Improving the capability and confidence of Jobcentre Plus Decision Makers.
Telephoning claimants to make sure they understand what is happening.
Improving the Atos assessment.
The report also set out a programme of work for a second review, in 2011, which is also being led by Professor Harrington. This review is looking at:
The descriptors for mental, cognitive and intellectual conditions and other fluctuating conditions.
Whether the assessment should incorporate more 'real world' or work-focused elements.
What happens to people placed in the three Support and Work Related Activity groups and those found Fit for Work.
The DWP has published a 'call for evidence' .Prof Harrington will make recommendations to the Secretary of State, which will be laid before Parliament before the end of 2011. This document poses 9 questions:
Have you noticed changes to the WCA process as a result of the Year 1 recommendations? If so, what are these changes?
Are there further areas of work that you think should be added to the programme of work for Year 3? If so, what should these consider?
At what stage should we stop making changes to the system and let the changes already being made bed in to ensure they are having the desired impact?
Does the Year 1 recommendation go far enough in placing the right emphasis on the face-to-face assessment?
Do you have any robust evidence about the face-to-face assessment processes and outcomes which will help us make recommendations for future improvements?
Are you aware of any concerns about the face-to-face assessment, and if so where have these been focused?
If you have heard specific concerns about the IT supporting the assessment (i.e the Logic Integrated Medical Assessment or LiMA system), do you have any robust evidence about how this adversely affects the assessment or its outcome?
Is there a need to present and explain the face-to-face assessment in a different way, making it very clear to claimants what it will involve and how a functional assessment relates to work capability?
What one thing would you change about the WCA to make it operate more fairly and effectively?
The TUC will submit evidence in response to this consultation - if you have comments or evidence you think we will find useful, please send them to:
Richard Exell, Economic and Social Affairs Department, rexell@tuc.org.uk by 5.00 on 8 September.
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