The DWP has launched an entirely bogus consultation on changes to personal independence payment (PIP) and universal credit (UC) by refusing to consult on almost everything that matters most to claimants.

The Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper sets out proposed changes to PIP, including preventing anyone who does not score at least one 4 point or more descriptor from being eligible for the daily living component.

It also proposes to freeze the LCWRA (health) element of UC and abolish the WCA.

Non-consultation

Yet the list of things that the DWP is refusing to consult on, meaning there are no questions about them in the online consultation, includes:

  • Scrapping the WCA
  • Creating a single assessment for PIP and the UC health element
  • Freezing the health element of UC until 2029/30
  • Only awarding PIP daily living if you get at least one descriptor scoring 4 or more points
  • Restarting WCA reassessments until the WCA is scrapped

(You can find a full list of the issues the DWP will and won’t be consulting on at Annex A of the Green Paper).

Leading questions

Instead of asking for feedback on these vital issues, the consultation asks questions that make the assumption that participants accept that people should lose their PIP:

2. What support do you think we could provide for those who will lose their Personal Independence Payment entitlement as a result of a new additional requirement to score at least 4 points on one daily living activity?

3. How could we improve the experience of the health and care system for people who are claiming Personal Independence Payment who would lose entitlement?

Missing information

Vital information that would allow people to have an informed opinion even on questions like those above has been deliberately withheld from the Green Paper.

For example, the DWP knows precisely, or could make a very accurate estimate of, how many current claimants would lose their award on review if their condition remains unchanged and the new system is introduced.

It also knows what condition those claimants have: how many have physical conditions like arthritis, mental health conditions like anxiety and depression, neurodevelopmental issues like ASD or ADHD.

The DWP knows, but it’s not telling us.

Yet how can you properly answer questions like the ones above if you don’t know who is most likely to be affected?   

Benefits and Work has made a Freedom of Information request for these figures, but we suspect they will not be forthcoming.

The information may be included in the impact assessment due to be published on 26th March.

Otherwise, perhaps readers could ask their MPs or a friendly member of the House of Lords to ask for them?

Judicial review

In January of this year, the High Court found that a Conservative consultation on changes to the work capability assessment (WCA) was unlawful, meaning that the changes could not go ahead.

The judge held that the DWP had: failed to adequately explain the proposals; had failed to explain that the main purpose was to save money rather than to get claimants into work; had failed to provide sufficient time for the consultation.

At the time, many of us thought that this meant that the DWP under Labour would have to carry out an honest consultation on changes to PIP and UC.

Instead, the lesson that the DWP has learnt is not that it should be honest, but instead that it should just not consult on anything meaningful at all.

According to the House of Commons Library:

“In some cases, public bodies have a legal duty to carry out a consultation. There will be legal duty to consult where:

  • there is legislation which requires a consultation
  • a government department or public body has promised to consult
  • there is an established practice of consultation in similar cases
  • not consulting would lead to obvious unfairness (in exceptional cases)”

We would argue that there is a very definite ”established practice of consultation” in relation to major changes to disability and incapacity benefits and that the current exercise is an attempt to pass off a fake consultation as the real thing.

It was the Public Law Project which won the case against the DWP over the WCA consultation.  We very much hope that they will be able launch a similar judicial review over this Green Paper consultation.

Alternative consultation

In the meantime, we hope that a major charity or umbrella body with good standing amongst the public and MPs, such as the Disability Benefits Consortium, will launch an alternative consultation.

It doesn’t need to be long or complicated.  It just needs to ask the questions that the DWP is scared to ask, such as:

Do you agree that only people who score at least 4 points on one daily living activity should get an award of the PIP daily living component?

Do you agree that the WCA should be abolished and replaced with a single assessment for both PIP and the UC health element?

Whatever the results, they could be circulated to MPs and members of the House of Lords who wish to be properly informed before they vote on these issues.

However, time is very short.  The official consultation does not end until 30 June.  But because the DWP have chosen not to consult on major changes, such as the new PIP scoring system, they can introduce new legislation as soon as they wish.  They have stated that they intend to bring forward legislation in this session of parliament, which ends on 21 July, so it could be as early as May that we see the new provisions. 

This means that, even though the change to PIP scoring will not be put into effect until November 2026, the law enabling it could be firmly in place very much sooner.

Silencing voices

The Green paper consultation is so dishonest that we feel unable to recommend that people take part in the way we normally would, though we also know that the DWP may argue that lack of response means that most people do not object to the changes.

In the Green paper, the DWP claim that “We are committed to putting the views and voices of disabled people and people with health conditions at the heart of everything we do.”

In fact, this bogus consultation is entirely about silencing the voices of disabled people and people with health conditions.

The reality is that the DWP under Labour is proving to be even more dishonest and devious than it was under the Tories.

The Green Paper consultation is online here or you can read all the questions in the consultation here.

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  • Thank you for your comment. Comments are moderated before being published.
    · 2 hours ago
    But I thought keir starmers government  were in the courts 2 times with the same. Since then 
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    · 3 hours ago
    I don't know much about how legal obligations regarding provision for and definition of disability works. But even so, it feels very fishy that Labour are suggesting that many, many disabled people with mobility difficulties now cannot assert that they also have significant needs around certain daily living and self-care tasks - tasks that may realistically be considered (demonstrated even) to be inextricably linked with their mobility limitations. The whole question of repeatedly, reliably, safely and in a timely manner is generally inseparable from the capacity to mobilise, surely? It's as though they're artificially separating a disabled person's capacity for daily living activities from their capacity to mobilise, as though the two aren't actually related. The image I have is of those children's books where you can turn half-pages to give them mismatched legs and bodies.

    This can't be logically or morally defensible, can it? 
  • Thank you for your comment. Comments are moderated before being published.
    · 3 hours ago
    These cuts proposals were all drawn up by various rightwing think tanks! You can see where they originate from if you do a little research. For example, the policy about age-limiting and restricting. PIP is from a recent policy document by the Policy Exchange thinktank which was written with  involvement byLord” Blunkett.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 hours ago
    Almost two years ago, I had to leave work and claim UC, after having suffered with bipolar type II and panic disorder my entire adult life. It was only two weeks ago that Citizens' Advice informed me that I should have been receiving PIP alongside the pittance I get from UC. 

    I really wish I could work. I have tried my hardest, but it always results in deteriorating mental health. I now have to live with parents in my thirties, I cannot afford to drive and have nothing to look forward to. Since claiming UC and being declared LCWRA, I have been hounded by the JobCentre, I have daily panic attacks, I feel to low to leave the house and my weight has dropped to less than 7 stone.

    The prospect of having PIP meant an opportunity to give me some independence and a way to improve my low quality of life. For the first time in years, I felt I had some hope. 

    That's gone now. I honestly feel that Labour have decided my life has no value and I am a burden on the taxpayer. I apologise for having to get this off my chest, but I fear that there is only one way this will end.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 hours ago
    I did do the consultation. However,( and as said in the report above, the questions are not good) where it says how should we help people who will be losing pip, I wrote that they shouldn't be losing it. 
    So maybe it may be worth putting forward that input 
  • Thank you for your comment. Comments are moderated before being published.
    · 4 hours ago
    I'm trying to figure out but cant really understand what would be the timeframe for them implementing this. It would have to pass Green paper then would presumably have to get passed by majority in commons and in lords? And then would they just cancel pip for claimants who don't have an individual 4 score, who then have to reapply, or call back for reassessment?
  • Thank you for your comment. Comments are moderated before being published.
    · 4 hours ago
    Just putting this information on here for all from Scope. Please do reach out to them:

    "If you’re concerned about these changes, you can contact our friendly helpline team for advice. Call us on 0808 800 3333, or email helpline@scope.org.uk.

    Or contact one of the community team Community@scope.org.uk"

  • Thank you for your comment. Comments are moderated before being published.
    · 4 hours ago
    I would like to see the Equality Impact Assessment too, that’s not been published yet (another document which will be withheld no doubt until the last moment)…… so even if the consultation ‘was’ asking open questions, we’re being asked to comment without the data as well…..
  • Thank you for your comment. Comments are moderated before being published.
    · 4 hours ago
    I looked at the Green Paper and it will obviously receive negative feedback but Starmer and co don't care, someone linked an article from the Express saying that the State Pension is a contributory benefit, NOT an entitlement and I believe just the mention of that means that Starmer are going to go after the State Pension. 

    I warned the Daily Mail crowd but they're blinded by their hated of disabled people on benefits.
  • Thank you for your comment. Comments are moderated before being published.
    · 4 hours ago
    Labour are just carrying on the Tories' plans but Kendall says cuts are an "act of kindness", I wonder if she learnt how to become an MP after watching Kathy Bates in Misery?
  • Thank you for your comment. Comments are moderated before being published.
    · 5 hours ago
    I have answered the consultation pointing out that it is not a proper consultation. On a personal level I have also fed back that if my son loses his support - paid for by his PIP he will be unable to cope, become very unwell and end up needing support from the NHS - rather more costly in human and financial terms than his PIP. I also pointed out that his disability was caused by his birth in an understaffed NHS hospital so he is a victim of the State's incompetence. Unfortunately we were never able to prove this as his medical notes were altered after the event.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 hours ago
    For those that don't know look at this 👇
    Still raises lots of questions 
    { I believe ALL should be in receipt, Not have barriers and conditions as obstacles put in their way}

    Under 22 highly disabled surly they should be entitled ?
    And cutting rates for the " most disabled"!!  Disgusting!
    It's downgrading disability Element top-ups
    And adding pennies in uprating for standard rate UC.

    Universal Credit (UC):

    The Health Element top-up will be denied to under-22s to prevent a direct path from education to benefits.

    The top-up will also be cut for new claimants - from £97 to £50 per week by 2026/27 - a cut of more than £2,000 a year - and frozen for existing ones –

    The top rate of Universal Credit for the most disabled will be cut (details to follow in Chancellor’s 26 March Spring Statement), but the standard rate will rise above inflation for the first time, reaching a £775 annual increase by 2029-30
    -----------
    Personal Independence Payment (PIP)

    The Green Paper proposes that PIP be more “focussed more on those with higher needs” but will remain non- means tested.

    However, there will be a shift face to face assessment “while ensuring we continue to meet the needs of our people who are claiming, who may require a different method of assessment (e.g., due to the need for a reasonable adjustment).”

    A new new PIP eligibility requirement is proposed to ensure that only those who score a minimum of 4 points in at least one daily living activity will be eligible for the daily living component of PIP. This requirement would need to be met in addition to the existing PIP eligibility criteria.

    This means that people judged to have lower needs only in the daily living activities (scoring 3 or less for each activity) will no longer be eligible for the daily living component of PIP. People with a higher level of functional need in at least one activity will still receive PIP.

    This change will be introduced through primary legislation. It will apply to new claims and for existing people who claim, future eligibility will be decided at their next award review. This change means that people could lose entitlement to the daily living element of PIP and potentially other entitlements linked to this award.

    The Green Paper is consulting on whether those who lose entitlement need any support and what this support could look like – for example transitional protection.

    The Government will also launch a process to review the PIP assessment: “This is a major undertaking which will take time and require extensive engagement, so any changes to the PIP assessment would only be introduced following the reforms set out in this Green Paper.

    “To make sure we get this right, we will bring together a range of experts, stakeholders and people with lived experience to consider how best to do this and to start the process as part of preparing for a review.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 hours ago
    I currently receive UC/LCWRA if i lose the lcwra part will I lose my housing costs help aswell ? If so I'll be homeless with a mobility scooter and nowhere to go. Oh Christ please not this bad.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 hours ago
    Been waiting for news on my pip review since August 2024 and just had letter to say they’re extending it for a year .They said next year they may extend it again .Wonder if it anything to do with the fact I score enough points at minute to keep my award but by Nov 26 2026 I won’t .
  • Thank you for your comment. Comments are moderated before being published.
    · 5 hours ago
    Everone need to email there local m p now to object to this they the ones who get to vote this down .then we learn are they standing up for disability  or following keir 

  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    Extremely worried about how/if I will manage in the future. Are the planned migrations of people on ESA (support group) to Universal Credit still going to go ahead with transitional protection or has that all fallen by the wayside? There is no way I would be well enough to work and I definitely won't be able to afford rent, food, utilities if my benefits are cut as much as I fear they may be. There is no cheaper 1 bed accommodation available - so where would I live? Getting more depressed by the minute.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    Interesting comments from Politico (in italics below).  I wonder if this could end up as Labour's equivalent of the fight to Rwanda scheme - passed in parliament, but repeatedly held up.

    "There is a storied history of British welfare reforms that have been given the hard sell by the government then coming unstuck in the days and months that follow, as MPs study the detail and face local voters. Many of the changes, too, will take time to bed in.

    “The devil is in the detail of these proposals, and I do fear what we will find as we turn over rocks over the next few days,” said Liberal Democrat MP Steve Darling Tuesday night."
  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    This is nothing more than a vote grabbing exercise. Labour are terrified of the rise of Reform.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    It's looking like unless your severely disabled or have a life long health condition you are going to be deemed fit for work. I'm on universal credit and LCWRA and scrapping the work capability assessment and incorporating it into PIP I feel is a big mistake. What you can do day to day in your home environment and what you are capable of doing in a work environment are two completely different things. You wouldn't drive a forklift in the living room but you could be expected to drive one at work, obviously I'm being sarcastic but you get my point. There trying to make limited capability for work something that just doesn't exist.
  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    I voted Labour hoping they would be fairer but it's the opposite. I will never vote for them again 
    • Thank you for your comment. Comments are moderated before being published.
      · 3 hours ago
      @Delz I had been a lifelong Labour supporter but, as soon as I saw their manifesto made virtually zero mention of welfare plans, I decided to place my vote elsewhere as I guessed they would pull a stunt like this. I hate to say it but it actually feels like they are behaving worse than the Tories right now.  
    • Thank you for your comment. Comments are moderated before being published.
      · 3 hours ago
      @Delz I have been a lifelong Labour voter but they've lost me now. If I'm still here to vote in future, it will be for the Lib Dems or Plaid. Neither will get in, but I cannot in good conscience vote Tory (or this new sister party).
    • Thank you for your comment. Comments are moderated before being published.
      · 4 hours ago
      @Delz thank you, me too
    • Thank you for your comment. Comments are moderated before being published.
      · 4 hours ago
      @Delz Why did you think they would be better?  The only one who was different was Corbyn.  Starmer is clearly bought and paid for, and has zero interest in helping us.  

      Green were going to tax the rich and uprate benefts, yet hardly got any votes.  It makes me sad that the turkeys vote for Christmas. 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Delz Me too - I am so disappointed in this government and my local MPs empty promises.

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