(1) The Work Capability Assessment is a much more rigid test & cannot be compared with former Personal Capability Assessments. It is inconceivable that a conclusion can be reached that the more rigid Work Capability Assessment has become easier to negotiate than the previous Personal Capability Assessment which had a lower threshold.
It is not accepted that there has been any form of significant improvement in the claims process surrounding the Work Capability Assessment.
Never before has one benefit assessment process attracted so much adverse publicity and negativity as the Work Capability Assessment.
It stands to reason that if the test is set as high bar as the Work Capability Assessment is, it logically follows that qualifying for entitlement will be far more difficult than qualifying for the previous Incapacity Benefit via the Personal Capability Assessment process used to determine eligibility for Incapacity Benefit & Income Support on the grounds of incapacity for work.
It is not accepted that any accurate comparison with Incapacity Benefit can be drawn without full regard to analysing similar cohort factors such as the ages, ICD coding, duration of claim, gender, and regions of the claimants being taken in to consideration.
(2) No comparisons can be drawn between Incapacity Benefit & Employment & Support Allowance without a proper scrutiny of a more complete set of statistics
Before drawing any analysis between Incapacity Benefit and ESA, the numbers of claimants used in the comparison including on and off flows would need to be carefully scrutinised. This is especially important where the flow rate is mixed with ib/ESA migration cases and where it can no longer be safely concluded that new ESA claimants are not in fact older claimants who have since submitted a fresh claim.
Between October 2008 and September 2013 the ESA regime has involved a total departmental case-load (across all cohorts) of 6,440,000 cases involving 4,396,400 Work Capability Assessments of which 1,198,700 were a repeat. A case load of this magnitude requires considerable analysis across all cohorts before any accurate comparisons can be drawn between the older incapacity benefits and ESA. The former was far less complex in cohort terms.
Between October 2008 and September 2013, 1,407,400 claimants have been placed in the Work Related Activity Group (453,300 at repeat assessment) and 1,437,300 in the Support Group (479,800 at repeat assessment). These figures are considerably higher than those relating to the new ESA claim group in which 484,900 have been placed in the Work Related Activity Group and 445,400 have been placed in the Support Group. Far more information is required as to not only the numbers allocated to the groups but also what happens to the claimants after they have been assessed in to a placement.
(3) The DWP needs to produce statistics on appeals & reconsiderations before any reliance be can be placed on the Work Capability Assessment statistics. Well over a million claimants have disputed the findings of Work Capability Assessments and the full dispute outcomes are as yet still unknown.
From April 2009 to December 2013, HMCTS figures confirm 1,054,541 ESA appeals have been lodged with Tribunals of which an average of 40 + % of those already heard have been overturned in the claimant’s favour. These figures are far in excess of any related to the previous Incapacity Benefit and are an obvious indicator of significant numbers of claimants having a lack of confidence in the decision reached at initial assessment.
The DWP’s WCA statistics are inherently unreliable and cannot be read in the context of isolated quotations from quarterly releases without proper reference being made to the more specific and overall totals available. The overall (cumulative) ‘qualifying’ rates for claimants are (up to September 2013):
-New ESA claimants 47%
-New ESA claimants at repeat assessment 78%
-IB/ESA migrated claimants 80%
Whilst it may be helpful to look at quarterly shifts in the figures, it is the overall cumulative rate which needs to change before it can be safely concluded that any material change has taken place.
The DWP’s WCA statistics are rendered inaccurate by way of the DWP’s inherently slow update of information from the inputting of the number of formal appeals lodged with HMCTS together with a total lack of explanation as to the number of initial decisions overturned informally following DWP reconsideration. This is particularly important in respect of monitoring the effects of mandatory reconsideration since October 2013.
(4) Employment & Support Allowance is an entirely different regime to that of Incapacity Benefit making any comparison unreliable. Delays with the DWP & Atos Healthcare have resulted in a chronic backlog of 750,000 cases awaiting assessments from which no conclusions can be drawn. The WCA statistics are made additionally complex by the influx of a case load of 1,354,800 claimants assessed from the Incapacity Benefit migration programme.
The claims process involving ESA is entirely different to that of Incapacity Benefit. ESA involves the claimant initially being subjected to what should be a 13 week assessment phase before the Work Capability Assessment decision is decided upon by the DWP. It is only once the assessment phase has been completed that a proper decision can be made as to whether the claimant can move in to the main WRAG/Support Group phases of ESA entitlement. Chronic delays have built up to a point where the backlog awaiting assessment had recently reached over 750,000 claimants. It is a clear sign that the DWP was earlier ‘over reassessing’ claimants leading to a substantial lack of residual data on outcomes and the possibility that the Department is now making less rigid placement decisions in order to get though its chronically stretched backlog.
Claimants who have undergone ib to ESA migration do not in any event claim ESA, their claim is merely converted (providing they qualify at the point of WCA conversion) and thus no comparison can be drawn between this cohort and those making a new ESA claim from scratch.
(5) Statistical manipulation
Between October 2008 and September 2013, the Work Capability Assessment statistics record that 1,551,500 claimants have been found fit for work and 1,500,900 claimants have ended their claims without completing their Work Capability Assessment. In total the overall number of claimants who seemingly should have exited Employment & Support Allowance is therefore in excess of 3 million claimants. However the DWP off flow figures for the period October 2008 to August 2013 show the numbers exiting from Employment & Support Allowance to be 2,288,980.
The number of claimants leaving Employment & Support Allowance who closed their claims is a fixed statistic, whereas the number found fit for work is reversible if the claimant appeals or requests a reconsideration.
It is hard to understand how an apparent ‘exodus’ of some 3 million plus Employment & Support Allowance claimants as shown in the assessment statistics is not matched by statistics showing a rise in the numbers claiming Jobseeker’s Allowance.
In addition to the exodus related to assessment, there are also claimants who will have died, transferred to other benefits or ended their claim through time limiting imposed upon contributory claimants in the Work Related Activity Group who cease claiming where there are no grounds upon which to continue claiming income based Employment & Support Allowance.
DWP figures, related to on-flows, show that of October 2008 to August 2013, 636,410 Employment & Support Allowance claimants made a second or more claim for Employment & Support Allowance. This will add substantially to the number of on flows and may therefore give a distorted perception over more claimants claiming as well as ‘clouding’ the influx of what may appear to be new Employment & Support Allowance claimants who are in fact previous claimants who have simply made another claim.
Media articles including those relating to the deaths of ESA claimants such as Graham Shawcross (63), Mark Wood (44), Neil Groves (46), Lee Robinson (39), Elenore Tatton (39), Linda Wootton (49), Brian McCardle (57), Karen Sherlock (44), Trevor Drakard (50), David Groves (56) and others have created a massive mistrust in the Work Capability Assessment as a valid measure of a claimant’s ability to work. The DWP has failed to produce any up to date statistics upon which any reliable conclusions can be drawn as to the number of deaths & whether they can be ruled out as being directly or indirectly related to the Work Capability Assessment process.
The Work Capability Assessment remains condemned by disability groups, the BMA, National Charities, senior judges and Parliamentary Select Committees. The process has been identified as unfit for purpose and of such toxicity that major re-work is required. There clearly remains widespread concern that the WCA has not improved, customers have no confidence in it in, employers are clearly not convinced by it as an accurate measure of fitness to work as evidenced by the appalling Work Programme Job Outcomes valid to March 2014:
In the New ESA claimant group, out of 484,900 in the ‘Work Related Activity Group’, just 10,760 ended up with a Job Outcome (2.2%)
In the Incapacity Benefit to ESA conversion group, out of 469,200 claimants placed in the ‘Work Related Activity Group’ just 980 ended up with a job outcome (0.2%)
In the Incapacity Benefit to ESA conversion group, out of 249,300 claimants found ‘fit for work’ just 3,160 (1.4%) ended up with a job outcome. Whilst this appalling result is shocking in itself, it should be remembered that the DWP’s figures only point to people on JSA who have been on incapacity benefits. These figures may therefore relate to claimants who have ended their older incapacity claims and taken up a JSA claim voluntarily without being tested for ESA.
In the overall ‘voluntary participation group’ where there is no mandatory requirement to take part (unless a claimant has agreed to participate) out of 957,500 claimants placed in the Support Group (from both new ESA and incapacity to ESA claim groups) 3,350 claimants (0.4%) ended up with a job via the Work Programme. This group does better than the mandatory groups in incapacity to ESA conversion cases.
It is unsafe to draw any conclusion that it is any easier for a claimant to make a claim for Employment & Support Allowance than it was for previous range of incapacity benefits. It is not possible to make a valid comparison on the basis of comparing numbers/success. A full explanation as to how claimants made their claims and how they were assessed is required before an accurate comparison can be made. There is simply not enough information currently available to conclude that the Harrington reviews have led to any identifiable improvement.
A rise in the numbers being placed within the Support Group and Work Related Activity Groups may be more related to the greater number of claimants involved, the appeal/reconsideration results beginning to filter through after data lag, more claimants re-applying after being turned down, less capacity within the Work Programme to handle the larger numbers involved and a reduction in the number of repeat & ib/ESA migration assessments following the announcement that Atos Healthcare were withdrawing from the contract to conduct assessments for the DWP.
For these reasons any claim that it is easier to make a claim for Employment & Support Allowance than it was for Incapacity Benefit is strongly refuted.
By Nick Dilworth.
For and on behalf of New Approach.
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