Government’s disability benefit system has ‘grave’ flaws, report says

A report produced by the Department for Work and Pensions (DWP) Select Committee has said that the disability benefit system has ‘grave’ flaws and that government should pay sick and disabled people benefits while they appeal against incorrect ‘Fit for Work’ decisions.

As it stands, those people who are unable to work due to ill-health or disability receive Employment and Support Allowance (ESA). Under regulation introduced by the coalition, the Work Capability Assessment (WCA) is used to decide who is eligible to get ESA.However, decisions made under WCA are not always correct. And since October 2013, those claimants who were declared ‘Fit for Work’ and wish to appeal against this are forced to claim Jobseekers Allowance (JSA).

Under the previous system, claimants appealing against WCA decisions were paid ESA at a reduced rate, now as this has been scrapped, under JSA regulation they are expected to apply for jobs and go to interviews.  Many sick and disabled people are unable to do this and as a result have been denied JSA, leaving them without any income. The DWP Committee have today called on the Government to pay claimants ESA during this process.

This is particularly important because since 2008, one in ten ESA claimants who were declared ‘Fit for Work’ successfully appealed this decision and were awarded ESA. And it’s significant that not all of the figures on this have been published, meaning the proportion of incorrect decisions could be a lot higher. The DWP Committee have also called on Ministers to make the full statistics public.

Sheila Gilmore, the Labour MP for Edinburgh East is a member of the DWP Committee and has welcomed the findings of the investigation, she explained:

‘I regularly meet sick and disabled people who are unable to work but who have been declared fit to do so following a flawed ESA assessment.’

‘Since last year people in this position have been forced to claim Jobseekers Allowance when they initially challenge an incorrect decision. Many are refused or quickly sanctioned, leaving them stuck between benefits for periods of up to ten weeks.’

‘Ministers should implement the Work and Pensions Select Committee’s recommendation that claimants are paid ESA throughout the application process. This shouldn’t cost the Government any money, unless DWP are already factoring in sick and disabled people being unable to claim JSA.’

‘Until recently we thought that the assessment was getting about one in ten fit for work decisions wrong – far too many in most people’s eyes – but since it emerged that the Government were withholding key figures, the reality could be much worse. Again the Government should do as the Select Committee says, and publish this data without delay.’

Meanwhile,  Kate Green MP, Labour’s Shadow Minister for Disabled People, has said:

“A Labour government would get tough on failing Work Capability Assessment contractors with penalties when they get assessments wrong. We will give disabled people a real say in how Work Capability Assessments are run. And we will help disabled people back to work with a more joined-up system and better information from Work Capability Assessments about employment support.”