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.
    · 16 hours ago
    The Government were warned by the ME community that there would be more benefit claimants following Covid because of those now living with long Covid. My question is why has ME been ignored for decades, why no research? Had money been invested into research for ME then we may now be in a position to help not only those suffering with ME but also long Covid. We have a very short sighted government who still insist on ignoring us no matter what we say or do. Shame on them for their ignorance. 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Dawn Is that a rhetorical question? 
      I can tell you if you really dont know.
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    how do we respond to this Green paper ?

  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    If this goes ahead I will lose pip and esa and will only have minimal uc. I will be left to rot since due to chronic illnesses I am too sick to work. Will euthanasia be the next thing they offer disabled people since we are a burden and totally dispensible. For them to say that if we are not working we are not contributing to society is a lie. I am a wife a mum a volunteer (a couple of hours a month in term time). It's an awful time.
  • Thank you for your comment. Comments are moderated before being published.
    · 17 hours ago
    Maybe with the changes soon will not have enough money to buy even the basic medicines if they are heading towards a USA style system - buy food or medicine.  I'll probably stop my monthly medicine and can just goto the hospital instead.  When my mobaility is so restrictive that it takes me 10 minutes to get out of bed with help to goto the bathroom, how they going to give me a job?
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I am deafness since birth. Wear both hearing aids. I am unable to communicate with hearing world. Need interpreter. Score 12 points in daily living (8 for communicate) (2 for bathroom unable to hear fire alarm) (2 for reading as it not my 1st english language as I am 2nd bsl language) total 12 points for daily living awarded for ongoing. Does this mean I will lose my PIP with this welfare cut?
    • Thank you for your comment. Comments are moderated before being published.
      · 14 hours ago
      @Deaf Joanne No. You will be ok as you score more than 4 points in one category x 
    • Thank you for your comment. Comments are moderated before being published.
      · 14 hours ago
      @Deaf Joanne Deaf Joanne, You scored 8 points for communication. That alone would give you standard PIP for Daily Living. The other points, made up of 2s, grand you enhanced rate PIP for Daily Living. You're OK.
    • Thank you for your comment. Comments are moderated before being published.
      · 15 hours ago
      @Deaf Joanne No, you look like you'll be fine :)
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Will assessors make sure very few people get 4 points, will they be under instructions ( and possibly a bonus) to “ mark down” as many people as they possibly. How many people will be incorrectly reassessed just to reach targets of getting people off of pip. My trust in the system has gone especially when the primary aim of these changes is financial and not about the people who are suffering
    • Thank you for your comment. Comments are moderated before being published.
      · 14 hours ago
      @Kim It's a concern. It's a charge that previous assessors, not least ATOS, had thrown at them many times before. Reportedly, they were on bonuses to fail people, too. Like many others, I had to go to a tribunal after the assessor blatantly lied on the assessment. I faced a panel of three all alone with just medical letters from consultants. Won my case on the day. The heightened stress it caused lasted months, but I wasn't going to allow the assessor's lies go unchallenged. The wider point is, come what may, never give up!
    • Thank you for your comment. Comments are moderated before being published.
      · 16 hours ago
      @Kim Its effectively a real stupid idea. Many will be affected medically by conditions soley affecting bottom half of their body area.Knees, genital areas etc.But that's ok, hey ho, = FAIL!!  Walk this way to the HR dept in the sky.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Doing away with social security opens up a multi-£bn private insurance market, plenty of gravy for everyone involved, politicians, the media, everyone. That's all this is about. Greed.  
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @philip Hi, could you please point that out to me? 
      I cannot find anything mentioning private insurance. 
      Thankyou
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @Bill Kruse Private insurance was the spur behind Labour replacing Incapacity Benefit with ESA – the social security system is being dismantled to encourage people who are able to to get private ASU insurance, because the state provision won’t exist in future. Which does nothing for people like us born with long term conditions who are uninsurable on the private market…
    • Thank you for your comment. Comments are moderated before being published.
      · 13 hours ago
      @Bill Kruse private insurance even gets a mention in the greed paper.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I would just like to say that no matter what happens....thank you to you all for putting up with my constant posts about being scared stiff which I think is safe to say we pretty much all are.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    If the government need to save £5bn that urgently, an alternative would be to target some of the biggest beneficiaries of welfare who do little-to-nothing for the wider economy, but frequently raise private rents, in turn affecting even many working people who still need to claim Housing Benefit just to keep a roof over their heads. I mean private landlords. This could be achieved with the return of a fair rents policy, which many EU nations have & UK used to have before Thatcherism. That & adding a mere penny tax for the very highest earners would more than cover what the government claims is essential. - Respect to the much, but unfairly maligned Diane Abbott. A politician of principle & integrity. Pity that Labour no longer have more of her calibre. 
    • Thank you for your comment. Comments are moderated before being published.
      · 15 hours ago
      @Ivan They've decided not to go after private landlords. In unrelated news, many MPs are private landlords.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    How can you do this to the most vulnerable people ? you can give money to other countries to help them but not your own people that suffer with diseases and disabilities and your criticising there needs 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Just saw a worrying tweet that if they make the proposed 
    changes and remove the ESA support group - or whichever element this applies to on UC - that this will mean the national insurance stamp that used to be paid will be no longer? 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Dellilah Yes that is correct when ESA stops so do the NI Contributions.  That is why the cuts to ESA are a lot more serious than the cuts to PIP because it affects your future Pension entitlement.  It must be stopped.  Everyone should write in en mass to Liz Kendall highlighting the impact it will have on them.  
    • Thank you for your comment. Comments are moderated before being published.
      · 13 hours ago
      @Doejane Thanks Doejane. It’s all just very confusing at present. Does that apply to UC with the health element? I’m still on IR ESA in the support group waiting to be migrated over. It’s just always been paid so was at least one less thing to worry about. Now it seems like there’s everything to worry about.
    • Thank you for your comment. Comments are moderated before being published.
      · 14 hours ago
      @Dellilah I just contacted hmrc they told me that on uc my national insurance contribution will still be paid as I'm on universal credit and they will still pay them. It that helps. If you are worried always check with them. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I had a meeting with my Labour MP  in Nov 24 about what plans Labour had for disability benefits.  I told him about how bad the situiation has been over the last 14 years. He promised to 'speak to the relevant people' and arrange another meeting, with me but of course, did not.  I have emailed him several times to no avail.  Now I know why.  Yesterday's speech by Kendall left me in disbelief and  shock.  Things worse than ever with a sickening 'moral' right wing stance.  

    Does anyone know what the new discriptors for the Daily Living component of PIP will be?  How can hinging the uptake of PIP and the new health element of New UC and New ESA on this be justifiable?  It is clear- this is an ideological Green Paper.  Im going to send it to the UNCRPD Special Rapporteur.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    it is a awful scary time. there is just no support anymore. i can't even get a job no matter how much i try even with disability funded support. and now i will lose pip too? they just don't care. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Jem There is sometimes support in unusual places Jem - I understand though, it seems like the state is removing the foundation we depend on just to exist, but this won't last, nothing does and this is ill-thought out by committee, who don't seem to appreciate the complexity of actual needs that will fail to be met. What will happen if this goes through, is mass poverty, an overwhelmed and broken system, which "will collapse" in upon itself. Imagine the resulting chaos for the DWP, as those pushed off support, fail to attend interviews, fail to engage with coaches, because they aren't able to - only to be met with punitive measures, which result in health spiraling, which results in 999 calls etc. Which results in demands by the already burdened NHS for more robust systems of support in place for the mentally ill & disabled. The whole thing is absurd. The PIP side especially is utterly ludicrous.

      In the meantime, I think everybody here would be wise to step by step, day by day, look for a way to build a foundation of support "where possible" - through family, friends and even neighbors. I have also found a lot of people in the system do care, but they are frustrated at the rules they have to abide by, many leave because of stress.

      It's a huge problem and in my view, this extends into many aspects of the current culture and system, which is bereft of compassion. It's a greedy world we inhabit with murderous mis-leaders running the show. They can find money for bullets & bombs.

      If I were religious, I'd be praying for Jesus to come and sort it all out - as we need a miracle and global reset at this point in time.

      Tale care x
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I did it, and said until a proper consultation with disabled was done, and more clarity and detail given to disabled to changes in benefit awards, any answer would be assumption, and unrealistic.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I don't understand how the pip assessment can replace the wca in some areas, example, I have crohns disease, due to how that affects me, and daily impact the WCA picks it up, based on the current pip it couldn't. . This government accepted to not change the descriptor on WCA for incontinence as they recognised the daily impact, fluctuations, how it leaves. you and that could not be managed at home or by companies suitably.
    But the Pip if not need help would strike off, even though it impacts you all day, and by their own admission it be an issue for working!

    How would a current pip assessment to score match that, what the government agrees is suitable on the WCA!
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Lisa
      "should we apply for pip to be on the safe side"

      I wouldn't get PIP even under the existing descriptors and certainly not under the proposed harsher system. There's no point in even trying, having looked at the relevant descriptor. We really do need to know if existing LCWRA awards will be lost in 2028 or if they will stay in place indefinitely.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @tintack I’m in the exact same position, I’m on lcwra but not pip (couldn’t bare going through another face to face assessment so didn’t bother to apply for it) I’ve been on lcwra since October 2022, was supposed to be reviewed last October as I was told it was recommended I get reviewed after 24 months, I’m so scared and worried that I’ll be taken out of the group and I’m not in a position to go back to work yet, should we apply for pip to be on the safe side? I honestly don’t know what to do and just sit and wait for a review 😩
    • Thank you for your comment. Comments are moderated before being published.
      · 15 hours ago
      @Dave Elliot
      I'm in the same position. The current PIP descriptors don't pick it up in the way the WCA does, let alone the proposed harsher PIP descriptors. That is no doubt deliberate.

      The best hope for people in our situation is that existing LCWRA awards, whether under ESA (which applies to me - I haven't been transferred to UC yet, but presumably will be soon) or UC, will be left in place. It's not clear yet if that will be the case. The Green paper says that if you have LCWRA prior to April 2026 and still have it after reassessment then the health top-up won't change. It's not clear if that means it won't change until 2028, when the WCA is scrapped, and will then be lost, or if it will remain in place indefinitely for existing claimants. The IFS said that people who currently get LCWRA but not PIP (like me, and I'm guessing maybe you too), would lose out when the WCA is scrapped and the health element depends on a PIP-type assessment. However, that's not what the Green paper text says: it just says that if you have LCWRA prior to April 2026 and still have it after reassessment then the health top-up won't change. It does not say "won't change until 2028".  We really need some clarity on this.
    • Thank you for your comment. Comments are moderated before being published.
      · 17 hours ago
      @Ala I agree. I feel discriminated for being disabled. I have blood cancer, rheumatoid arthritis, neuropathy and a few more conditions which have had a massive impact on my life. I do still work, but from home. If I lose my PIP, I lose my right to work from home and will have to go back to the office. This will cause immense fatigue and stress, along with sick days. Not had a day off sick for over a year, but with no immune system, I would pick up every germ floating round the office. It’s a disgrace. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Ala They're lying by misleadingly claiming that they've consulted charities. In fact, they paid right wing so-called think tanks to design their evil plan for them.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Dear Keir,
    Could you give me the precise percentage of disabled staff you employ? Full time with reasonable adjustments, work aids support etc required? Because I’m struggling to notice them in your government party…
    Unkind regards….
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    i've only just had my pip renewed just before xmas. it took 8 months after completing the renewal form just to get a decision and even though i did eventually get it in the meantime it caused me so much stress my panic attacks got far worse, i could never sleep and i got a stomach ulcer due to all the worrying, also my blood pressure was so through the roof i got blurred vision so bad i couldn't see for most of the day,. i have anxiety & depression, im agoraphobic and i have also been diagnosed with mixed personality disorder with emotionally unstable and paranoid personality disorders which means on a good day with all my medication working life is somewhat bearable. i haven't been outside my house in years and due to not being able to look after myself completely i need help with everyday activities such as cleaning etc  when i was awarded this time round i got the higher rate on both components just like i had before. but i never thought to question the scores on the page because i scored high enough for the higher rates on both and was happy it was just done and dusted with but this morning i saw you now need at least a 4 on the daily living part to keep getting that side of the pip but after checking i have all 1s and 2s on almost all daily living parts and i noticed i was only scored a 2 on "mixing with other people" for some reason even though i never go out to mix with anybody and last year the only person i spoke to in the whole year was my psychiatrist, i even spent christmas alone....after seeing this change i've been in a right state and im even thinking of finishing it as it's now getting to much for me to handle...i feel like i'm constantly on edge with the dwp and every time something gets sorted they bring out another rule change that just throws everything up in the air again. is it was them that pushed me into applying for pip in the first place even though i didn't really want to because i thought i wouldnt be accepted for it. they kept sending letters telling me to apply and saying it would make things easier for me and ultimately it did and it really has helped but now they have decided im not entitled to it ...just recently they have also decided i need to be on U.C now where they told me the migration may take 6 weeks to sort out so now no payments and this pip thing hanging over me is driving crazy...once again.. just as things start to settle down they change up and i'm now back to my lowest point again constantly worrying
    • Thank you for your comment. Comments are moderated before being published.
      · 16 hours ago
      @andy When does your current PIP run out?  These changes won't apply to you until after November 2026. If you remain in your current condition, as you say agoraphobic and can't engage socially with anyone, you should get full points for that descriptor. This is the problem with the whole benefits system, you have to watch every single thing they do. If it is as you say, there is no way you should have only gotten two points for the "mixing with other people" descriptor. Next time your PIP runs out, you should challenge the points awarded and if they refuse to  listen, take it as far as tribunal. A lot of appeals pass at tribunal.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Neil Findlay MSP has resigned from Scottish Labour. His resignation letter is excoriating towards Starmer. Labour will get hammered in Scotland next year.

    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Jonno Lets hope Labour MPs in parliament oppose this government which is anything but labour!
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Jonno I've been thinking about sending a letter to my local MP, to guarantee him, he has my vote as independent, if he would be kicked out of the party!   His office is known for supporting local people.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I have a question about lcwra, from what I know I was due a review around August last year, I understand there is a backlog, however if I am asked for a review at some point this year will the new rules be in place and I’d have lcwra taken off of me? I don’t get pip, the work capability assessment caused me so much stress I just can’t face going through something like that again, even though im apparently entitled to it.
    This is all so scary! 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Carbow32 Why? Is there a deadline to meet now?
      Thanks
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Scorpion Same with me too. I got ESA support group, but the process put me off so much, Ive been kind of working up to applying for PIP for over one year now.......
      Is there a benefit of putting in a claim now, asap? Why? Thanks.
    • Thank you for your comment. Comments are moderated before being published.
      · 17 hours ago
      @Carbow32 I tried to but never heard back either way, I called 5 or 6 times and was just on hold for anything up to an hour each time rang off because I was getting extremely angry over it and it's not fair on the call centre staff to be greeted by my seriously pissed off self as I would inevitably have been 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Lisa Same, the WCA caused me immense stress, starting from the day I unexpectantly received the ESA50 form, that I haven't bothered applying for PIP. Stress degrades people's health both physically and mentally.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Lisa Put in a PIP  claim now.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Its a blanket attack on the most vulnerable people.
    The very sickest people, with very severe incurable illness and disease who have already been found by specialists, to be sick enough to be incapable of working again and have been entered into the support groups.
    This would no longer matter under the new proposals.
    They are proposing to remove the WCA and replace it with the PIP assessment.
    Instead, you have to score 4 points for the daily living components of PIP.
    There are many people with very severe illness, who have been found to be incapable of working, by specialists, who may only qualify for 2 points of a PIP descriptor instead of 4 points.
    I.E. You have to have supervision to 'prepare a meal'
    So in the real world what happens is a PIP assessor asks a guy dying of cancer, can you use a microwave?
    The guy doesnt think, and just says yes i can push a button.
    Right youre fit for work sunshine.

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