Work Capability Assessment (WCA) Criteria Reforms May 2024
The Work Capability Assessment (WCA) determines if individuals claiming ESA and/or UC have limited capability for work (LCW) or work-related activity. Reforms aim to better support disabled individuals to engage with work. Consultation responses highlighted the need for changes in assessing disabilities and health conditions for work engagement.
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Work Capability Assessment (WCA) criteria reforms May 2024 Lorenzo Peri, Disability and Health Support Directorate OFFICIAL SENSITIVE
Work Capability Assessment (WCA) Activities and Descriptors Consultation WCA Criteria The purpose of the Work Capability Assessment (WCA) is to establish whether or not a person claiming Employment and Support Allowance (ESA) and/or Universal Credit(UC) has limited capability for work (LCW) and, if they do, whether or not they also have limited capability for work and work-related activity (LCWRA). The premise of the WCA is that eligibility is not based on a person s condition, but on how it affects their ability to function. Claimants are assessed against a number of activities covering physical, mental, cognitive and behavioural function. o Examples include Mobilising Unaided; Manual Dexterity; Continence; Learning Tasks; Coping with Change; Hazard Awareness; and Getting About. LCW is established by a claimant scoring 15 or more points against the LCW functional criteria; or by meeting any of the non-functional treat as LCW criteria. LCWRA is established through a claimant meeting any of the functional LCWRA criteria, or any of the non-functional treat as LCWRA criteria. The non-functional treat as LCW or LCWRA criteria can be applied at any time within the WCA process, the exception being the Substantial Risk criteria. Department for Work & Pensions 2 Official Sensitive
Work Capability Assessment (WCA) Activities and Descriptors Consultation WCA Outcomes A claimant is assessed by a qualified healthcare professional solely on paper evidence, where possible. If this is not possible, the claimant is invited to attend a face to face, telephone or video assessment. A DWP decision maker then decides that: The claimant is fit for work (FFW), which means no entitlement to ESA or the health-related amount of UC. The claimant might have to look for work; The claimant has LCW, which means they may not be able to look for work now but are given support to help prepare them for work in the future; or The claimant has LCWRA, which means they will not have to look for work, or prepare for work. This also results in a higher rate of benefit on both UC and ESA. Department for Work & Pensions 3 Official Sensitive
Work Capability Assessment (WCA) Activities and Descriptors Consultation We received over 1300 consultation responses and published our response on 22 November as part of Autumn Statement 2023 Consultation Rationale Too many people remain on disability benefits, without the support they need to access work. 2.5 million people on ESA and UC have no work- related requirements (UC LCWRA/ESA Support Group). Consulted on changes to the WCA to better support disabled people and people with health conditions to engage with work and work-related activity, taking advantage of changes in the world of work. The proportion of people assessed as having LCWRA, without any requirement to look or prepare for work, has risen from 21% in 2011 to 65% in 2022. Existing claimants without work-related requirements don t usually receive employment support to move them closer to work. We consulted on 1. Changing, removing or reducing the points for activities and descriptors relating to Mobilising, Continence, Social Engagement and Getting About. Work has changed, allowing for more flexibility and adaptable working conditions, but the WCA has not kept pace. We want to open-up these opportunities to more disabled people. 2. Whether the Substantial Risk rules are being applied too broadly, and whether more people might be found capable for work or ready to prepare for work with the right support We want to ensure our welfare system encourages and supports people into work, while providing a vital safety net for those who need it most. Timeline Develop secondary legislation Consultation opened 5 Sept Legislative changes Consultation closed 30 Oct Govt published response alongside Autumn Statement 22 Nov Operational implementation in 2025 Department for Work & Pensions 4 Official Sensitive
Work Capability Assessment (WCA) Activities and Descriptors Consultation The Changes To reflect new flexibilities in the labour market and to ensure more people are supported to move closer to work, from 2025, we will make the following changes to the WCA: o Remove the Mobilising activity used to assess limited capability for work and work- related activity (LCWRA). o Reduce the points awarded for some of the Getting About descriptors used to assess limited capability for work (LCW). o Amend the LCWRA Substantial Risk regulations, aligning them with the original intention of them only applying in exceptional circumstances, whilst continuing to safeguard the most vulnerable. We will continue to protect the most vulnerable and those who have the most significant limitations while supporting those who can move closer to work. The changes will mean c.424,000 people by 2028/29 who under current assessment rules would usually receive no support from DWP as they would have been placed in the LCWRA group will now be offered personalised support to help them move closer towards work. Department for Work & Pensions 5 Official Sensitive
Work Capability Assessment (CA) Activities and Descriptors Consultation Supporting the Changes Our expanded employment and health offer (Universal Support, WorkWell Partnerships, NHS talking therapies and Individual Placement and Support) will provide integrated and tailored support to disabled people to support them and help move claimants closer to work. Department for Work & Pensions 6 Official Sensitive
