Tuesday, 22 February 2011

Problems with migration of Incapacity Benefit to Employment Support Allowance.

22.02.2011

From 28th February 2011 The Department of Works and Pensions (DWP) will reassess the claims of 2.6 million people currently in receipt of incapacity benefit (IB).The vast majority of claimants will need to undergo a Work Capability Assessment (WCA) to determine their future entitlement to benefits.

Those found to have limited capability to work will migrate to Employment Support Allowance (ESA). The Government estimates only 20% of current IB claimants will qualify for ESA.
It predicates that 50% will move on to Job Seekers Allowance (JSA) and 30% will move off benefits altogether (paragraph 24 of the Social Security Advisory Committees impact assessment)

People currently receiving IB will soon receive a letter informing them of the need to attend a WCA assessment. During the assessment  they will be interviewed by an approved health care professional (HCP) All HCP’s are employed by Atos Health care, Atos are the sole providers of DWP disability assessments. In 2005 ATOS secured a 500 million pound contract with the DWP for 7 years, it has recently been awarded a £300 million 3 year contract extension.

In 2010 an independent review of the Atos work capability assessment highlighted consistent complaints regarding the mechanistic and impersonal nature of the WCA process The review led by occupational health expert Professor Michael Harrington stated that amongst those claimants who had seen their WCA written reports completed by HCP’s, many regarded them to provide an inaccurate reflection of their actual answers. Many disability rights organisations have criticized ATOS HCP’s of producing inaccurate reports. Disability forums are also asking questions regarding conflict of interest with the recent decision by the Government to name Atos on the new commercial framework for the provision of employment which provides support to help job seekers into work.  

The DWP customer ESA migration  journey map shows up to 7  phone calls being made to IB claimants for the purpose of relaying and gathering information, the DWP states that this is in order to make the transition from IB move more smoothly, however there are concerns that many claimants with physical, mental health and learning difficulties will find this  problematic, there are also concerns with  regard to the practicality of this with more people  now without land lines, frequently changing mobile phones as well as the reluctance of some people to answer calls from private withheld numbers. The DWP states that additional help is available but so far has not said what this consists of

Perhaps most concerning of all is the news that people will be informed of their WCA decision by phone; they will then be invited to make a claim for JSA. Although DWP have stated that Jobcentre plus staff must inform clients of their right to appeal, campaigners are worried how this will be monitored as many feel that the right to appeal will not be emphasized. If a client who agrees to make a JSA application then decides they wish to appeal their WCA decision and remain on assessment phase ESA whilst the appeal is pending, this would cause difficulties within the current framework of the DWP as it would mean 2 separate claims being set up in different departments. In the past this has resulted in clients being without any money for up to six weeks.

Whilst it is welcomed that that the DWP will now allow clients to bring additional evidence to the WCA, it has also stated that those in receipt of Disability Living Allowance (DLA) who fail the WCA will have their DLA awards reconsidered. This seems to be wholly unfair as there is no mention of ATOS using a clients DLA form as additional evidence prior to a WCA medical. A DLA form can contain an incredible amount of information regarding a clients mental and physical health, it is a lengthy form often taking advice professionals 2 hours to assist  completing.

Very little has been said of the estimated 30% who will move off benefits altogether, with the total number of unemployed people having increased by 44,000 over the quarter to reach 2.49 million, It is questionable that any significant number of previous IB claimants  will return to work, leaving thousands jobless without any benefits or an obvious source of income.
HM Government Drug Strategy 2010 states that part of the key to successful delivery in a recovery orientated system includes: Improvement in mental and physical health and wellbeing; the ability to access and sustain suitable accommodation, a reduction in crime and re-offending as well as sustained employment. Such delivery looks like being severely compromised given the likelihood of so many people slipping the net after failing the WCA medical.
Stephen Givnan.