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.

 You can try the proposed new PIP test here.

You can also:

keep up with what’s changing and when

find out what you can do if you are unhappy about Labour’s plans

follow the latest news about PIP and UC changes.

 

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  • Thank you for your comment. Comments are moderated before being published.
    · 7 hours ago
    I do want to urge people to contact their MP's. We really need to apply pressure here and hammer the point home about how difficult these changes will be if they vote for them.

    Let's not make it easy for them to vote away our benefits with a clear conscience!
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Leah Considering my MP is Alison McGovern theny chances there are zero though I fired off a longish email anyway
  • Thank you for your comment. Comments are moderated before being published.
    · 7 hours ago
    Does anyone know if we will all just be kicked off PIP in November 2026?
    I’ve literally only just been awarded it after being too frightened to claim until recently. I was given Standard Daily Living and Enhanced Mobility until February 2028 and I don’t understand if I’ll still get it until then or if it will just be stopped in November 2026? 
    I’m one point short of 4 in each category so won’t be entitled under the new rules. 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 hours ago
    Thank god this website exists! 

    Seriously, without this place, I wouldnt have the first clue where to turn.

    A big thankyou.
  • Thank you for your comment. Comments are moderated before being published.
    · 9 hours ago
    Just so angry.

    All this money being taken from us will be used to fund wars in other countries we shouldn’t be involved in.

    Labour is meant to be caring and compassionate, but its MPs are literally no different to the worst Tories.

    We have no one really to vote for. Our votes are lost to the unfair voting system, and no party has in their platform any promise to stop cuts to disabled people’s living costs.
  • Thank you for your comment. Comments are moderated before being published.
    · 9 hours ago
    I'm wondering about something......I'm on UC/LCWRA... indefinite or recurring fit note (can't remember which) but if as long as I don't get a reassessment call before April 26th, will my award stand at least until the UC health element comes in about April 2028?. Thank you and apologies for my constant rambling moans.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Neil Cook
      As I understand it, they're ramping up reassessments from now until the WCA is scrapped. So if you're reassessed between now and then and you still have LCWRA after reassessment, your health top-up should stay. What is not clear is for how long. The IFS said 600,000 people who get LCWRA but not PIP would lose out in 2028 when the WCA is scrapped and the health top-up becomes dependent on a PIP-type assessment. That suggests that those existing claimants would lose their health top-up in 2028 if they don't get PIP. But the text of the Green Paper says that if you have LCWRA prior to April 2026 and still have it after reassessment then your health top-up won't change. It does not say "will not change until 2028", which is what you would expect it to say if existing LCWRA awards were going to be lost in 2028.

      It's hard to know what to make of this. The IFS are usually pretty on the ball, and if they're right then our existing LCWRA awards will indeed be lost in 2028. But, as I said above, the text in the green paper does not say that.
  • Thank you for your comment. Comments are moderated before being published.
    · 10 hours ago
    The government needs this proposal to be approved by the high court ......the government will lose
  • Thank you for your comment. Comments are moderated before being published.
    · 10 hours ago
    One thing that has been overlooked here is that contribution based ESA and current New Style ESA are taxable. For people doing permitted work that meant a lot were paying some tax!
    I shall stop doing any work when support group disappears that’s for sure.

  • Thank you for your comment. Comments are moderated before being published.
    · 10 hours ago
    I am 64 soon, and have a 10 year ongoing award, granted in 2022, which also states that I won't be contacted again, until 2032, but can't see anything yet, that confirm's this will still be the case, does anyone know for sure what is likely to happen ?, but please don't just speculate, as rumour, and unsubstantiated information, is quite literally driving me insane !!. 
  • Thank you for your comment. Comments are moderated before being published.
    · 10 hours ago
    How can they support people who lose out on 4 point rule? Well you lose £400 for pip daily £400 for LCWRA. Lose your family carer as no pip element. So now Need pay social care they can’t afford. And if under 35 lose one bed rate! 

    How much cuts is one disabled person supposed to bear? And THEN be assumed to be ready to get back to work!! 
  • Thank you for your comment. Comments are moderated before being published.
  • Thank you for your comment. Comments are moderated before being published.
    · 11 hours ago
    Birmingham live has listed the descriptors in daily living which award 4 or more points.  It's useful to see those separate from the confusion of all the variables. If you have a review coming up it's clear what you need.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Frances Very helpful, even though I haven't got any review coming up. The WCA caused me hell of stress that I've never bothered applying for PIP.

      Cheers.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    There’s no doubt that B&W are correct to state that the consultation is partial and contains leading questions. Even so, I think it’s essential that everybody gives it time and thought and completes it. Point out a leading question when it is one. Refer to missing information where needed. Good luck. 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Scorpion That's What did 😁 
      And reported on answers that the question was nonsense and ridiculous as well as telling them how to address the situation.
      I saved the copy however it's floated off into the aether 
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @MariW You're right. 

      Write what you think and not necessarily answer their leading questions.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    I take it that any reviews done before Nov 26 will be on the old system not the new 4 points system can anyone help
    • Thank you for your comment. Comments are moderated before being published.
      · 5 hours ago
      @Debbie I’m the same. The only saving grace is that forewarned is forearmed. 
      I’m just going to make the best of things for the next two years and stock up on things. 
      Have ordered a new mattress and bought some rechargeable batteries and charger… 
      We have no idea what will happen… 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 hours ago
      @Suzi Yes,Any review before the November 2026 will score an the old system,But I wonder if a review ended in a lower,Or termination of the award and was taken to tribuneral,Would the appeal use the older system,Or the new one if it did not take place till after November 2026
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Suzi My review is due May 2027 so say May 2026 which is 12 months before. I bet they string it out till Nov 2026 .
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    Will the claimants already on 10 yr light touch be left alone until the claim ends 
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    Listen to a track called The Corporate Way by Endless Taverns and tell me how true that rings right now
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    I am migrating from esa to uc. I expected changes were going for a while. I want to work but am not sure if I can or will cope with eupd, bad panic attacks and suicidal episodes, I can't walk for long due to arthertis in my spine and knees. I am trying to work on weight, waiting for physio and on a list for therapy for mental health and am waiting for an op on my right finger as it's stuck to the bone after failed tendons op. it's a catch 22. 
    Its frightening that I probably won't be eligible for the health element of uc when new changes come in and my pip points are scattered so I probably wont qualify for pip either. I would be willing to work but don't want to be pushed into a job that's going to tip me over as I'm at risk of suicidal thoughts when I'm under a lot of pressure. The changes are frightening and my mental health is taking a battering with all the unknowns of when and where it will takes place.  
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    This is the email I sent to my MP Alison McGovern



    To
    alison.mcgovern.mp@parliament.uk
    19 Mar

    19 Mar at 17:04
    I have watched the green paper being presented and am horrified at what is proposed, if it goes through anywhere near what is proposed then when it comes into effect I will loose my LCWRA and likely my housing assistance and would therefore end up homeless most likely. I use a mobility scooter when I need to go out as it's not an option any other way, also I am terrified of doing so because I have had mental health problems for just over 30yrs which have and still rule my life. It consists roughly of...Anxiety, panic attacks, depression, OCD, unpredictable behaviour (not often but unpleasant when happening). I now have physical issues coming in over the past approx 7 yrs. My GP surgery says my situation isn't likely to improve any time soon. Please I am begging you to help out a stop or serious objection to this disgraceful and badly thought through set of proposals as there are far less nasty ways of getting the savings they are after even though this whole thing is purely about saving money and not about 'helping' people as it will do no such thing.

    My apologies for such a long message but I am in a state of absolute terrifying panic and fear at the thought of losing this. 

    I just want my self and what I am grateful to receive to be left in peace.

    Thank you. Neil Cook
                        [contact details removed
    I am aware I would not lose my housing assistance now.

    Any good?
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @Scorpion Well I tried at least
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @Scorpion You’ll probably get the same form letter that Tom Hayes MP (or his office drones) sent me about this issue, totally ignoring my questions.
    • Thank you for your comment. Comments are moderated before being published.
      · 13 hours ago
      @Neil Cook Your letter is good, but I don't think she would tell you more than the same mambo jambo they all have lately been parroting.
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    It’s so worrying.i voted for them because i truly believed they were going to protect me more as a disabled person with multiple health problems.physically and I’ve been under a full mental health team since i was a child.and instead they are going to destroy my life and millions more.i just now feel so annoyed with myself for falling for all the lies to get votes .me being stupidly one of them.i agree the system needs to be changed but not by harming real disabled people its sickening.they say they need to fill this make believe hole.but are still sending billions in weapons and money to kill people .funny that and also let our elderly freeze.shameful 
    • Thank you for your comment. Comments are moderated before being published.
      · 10 hours ago
      @Blange20 Lets not forget Liz Kendall has not ruled out further Cuts.. sorry savings from Welfare... Lets hope Rachel Thieves doesn't have any nasty surprises for us in next weeks Budget!
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    Interesting article by the BMJ on the potential impact of the cuts on the health and care systems ... https://www.bmj.com/content/388/bmj.r562.full
    • Thank you for your comment. Comments are moderated before being published.
      · 7 hours ago
      @Ellie It's worth quoting the BMJ article in responding to the Green Paper.
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    I have stage 3 emphysema, get very breathless doing anything. Under the new scoring system I will lose my daily living as they say I don’t struggle washing my upper body when I do. I struggle doing anything! My lungs are over inflated and I have 36% lung capacity but the remaining lungs are dead and weigh heavy on my good part. I struggle talking. If I lose the pip then my carer loses the carer allowance and I believe I’ll lose the health element of UC? Can I work? No: this will push me into poverty not into work. 

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