Fit for work test could put people with learning disabilities at 'substantial disadvantage'

Proposed changes to fit-for-work tests could cause serious disadvantage for people with mental health problems and learning disabilities and should be trialled, according to recommendations from a recent tribunal.

The tribunal was brought about because of a judicial review against the Department for Work and Pensions (DWP) by two anonymous claimants. It found that new changes to the Work Capability Assessment (WCA) could cause ‘substantial disadvantage’ to those with learning disabilities as well as those with mental health problems and people with autism because claimants will be required to gather evidence by themselves about their health issues.

The WCA dictates whether a person can claim Employment Support Allowance if an illness or disability affects their ability to work. In a joint statement Rethink Mental Illness, Mind, and the National Autistic Society said: “Our supporters say that the WCA is causing great distress, and is pushing many people to the brink. What more will it take to get the DWP to fix the fit-for-work test, so that it no longer disadvantages people when they are at their most vulnerable?”

The tribunal ruled that there may be reasonable adjustments that could be made to the WCA to improve the process and encouraged the Department for Work and Pensions to trial changes. The tribunal did however state it did not have enough information to compel the DWP to make specific changes, instead urging a trial to be carried out as soon as possible.

The DWP are currently under no obligation to collect evidence on behalf of claimants except in some rare cases, leaving vulnerable people responsible for collecting data themselves from professionals such as GPs and social workers.

The statement from Rethink Mental Illness, Mind, and the National Autistic Society said: “Not only is this flawed test having a devastating impact on so many of those going through it, it’s also costing the public huge amounts of money, because a high proportion of decisions are being appealed and overturned. That’s why it’s in everyone’s interest to have a fair process which gets it right first time.

“This is one of the most important issues for the millions of people we represent, and we will continue to fight for a fair benefits system. We urge whoever forms the next Government to work with us to fix the system, so that it no longer punishes so many of the people it’s meant to support.”

The Department for Work on the same day announced reforms to the Access to Work scheme which they have claimed will pave the way for thousands more disabled people to be supported into mainstream employment.

Changes include making it easier for disabled people to start their own business and providing services more efficiently to cut wasteful processes costing money.

Minister of State for disabled people Mark Harper said: “We have invested an extra £15 million in Access to Work since 2012 and user numbers are rising steadily. I hope these changes will help many more to join them in getting into, and staying in, work in the future.

“Access to Work plays a crucial role in supporting disabled people in employment and I want to see many more people benefitting from it – particularly people with mental health conditions who can face significant barriers to work and are currently under-represented in employment.”

Access to Work has spent £108m in 2013 and 2014 to help 35,540 disabled people enter or remain in work, a number which ministers want to continue to see rising.