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.
    · 13 hours ago
    The way I understand this then is that if you are due or having a review on pip you will be on the old points system up until nov 26 then the new points system starts is that right 
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      · 11 hours ago
      @Maureen I wonder how then will this effect those who currently have a long term award
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    This will in someway also affect Motability as you may have a carer you pay to drive for you, so this is as we know not help for disabled but cuts instead.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    Please could anyone let me know that if you are on the 10yr light touch of pip will you need a new assessment due to the changes or will it be at the end of the term 
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @Sonia I’m on a 10 year PIP and as far as I can see, it will be assessed when it’s due. I don’t think  they would cope with assessing everyone after Nov 26 next year.
  • Thank you for your comment. Comments are moderated before being published.
    · 14 hours ago
    I would imagine this green paper consultation will end in a judicial review and the DWP will lose and legislation will be held up. Everything Labour have done in other areas since being in power means this attitude we don' care what you say and we won't even ask your opinion via a open consultation even though what they are doing is against the law. Labour see themselves as rulers and not a government that has legal duties under the law.  
  • Thank you for your comment. Comments are moderated before being published.
    · 14 hours ago
    Well I will almost certainly lose pip.  Whats even worse is by losing PIP I will be benefit capped thus losing my transitional protection in UC from my ESA migration.  So a double loss.  Might as well not be alive. 
    • Thank you for your comment. Comments are moderated before being published.
      · 4 hours ago
      @Take care now As someone who has severe mental health problems myself, I really appreciate your comments. Please keep supporting people as it is so needed at this time.
    • Thank you for your comment. Comments are moderated before being published.
      · 7 hours ago
      @john Hi John just a quick question is this certain about if you score 4 or more on daily living task one question does that mean no change to your claim thank you a very worried 44 year old x
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @Mory Take heart my friend, I have been seriously dark lately, but decided to come out, sit on a bench, breathe and soak in the sun. While you have any capacity to find ease in this moment, do so. Things change.
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @Mory Did you score 4 points in ANY of the categories? If you DID, then no change.
  • Thank you for your comment. Comments are moderated before being published.
    · 14 hours ago
    Am losing sleep myself.  I am 77 on old style D.L.A. indefinitely. Had all my D.L.A. stopped once when I had to re-apply. But now I get in indefinitely, whatever that means? Nothing is sacred.  It was horrendous when it was stopped. Got it back with the help of some good welfare rights people.  Lost my daughter to suicide in 2000.  The worry of all this is giving me constant flashbacks.  I feel a wreck. Am having panic attacks. Had an ankle fusion in 2023 and still cannot put any weight on my foot, so still hobbling around on crutches. I feel for everyone. How can they do this to disabled people?  "Arbeit macht frei".  Then they came for me!
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @lesley Please go out and find some peace today, just a quiet bench, contact a friend, or listen to beautiful music and rest. There is a spiral of gloom today and none of this changes anything or helps us. I hear you and I am suffering alongside you x
  • Thank you for your comment. Comments are moderated before being published.
    · 14 hours ago
    I am disabled and will lose the daily living because I don't score 4 points in any discriptor but score a total of 9 points made up of 2s and 3s. I can't bath myself due to severe pain through arthritis and fibromyalgia. How is this fair that Iose All of the daily living. Plus I'm up for renewal on the exact month the new rules come in next November. I can't bare this anymore. 
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    You are spot on with your summary. Because of the no consultation I will lose my car which means I will now be housebound as I will lose the LCWRA and the Daily Living component of PIP. I don't have enough the money to take government to court. I can't work due to my health issues and my GP backs me. 
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    I was also disgusted with the manipulative narrative that’s being peddled by the government and media, in that disabled people should “have pride in themselves by working “ … as if to say being disabled and unable to work is in some way shameful! 

    Also all these lies about people with ADHD being given “brand new free BMW’s”. I was sickened by some of the things I saw and heard yesterday. Thanks B&W for all your hard work on this, I’m hopeful this will be challenged legally with success as it’s an utter disgrace . 
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    Here we go again. Pick on the vulnerable.I am appalled. This is born of sheer ignorance and care. My mp, Starmrt, Kendall and Streeting will get very pertinent letters. I urge you all to do this, too. 

    And worry? They keep saying sorry for recent worry. It's been a worry since the tories started frightening people.

    Labour will lose a whole raft of votes at the nect election...
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    Thank you for the links. I read it yesterday afternoon and went into shock tbh. Absolute bstds. 
    I am losing 3K a year when i am forced to move to UC. 
    If anything changes at my next PIP Review (which as we all know is a totally arbitrary system), I will lose an additional 10.5K. 
    The 4 points determination will stop many people currently on Enhanced DL to get absolutely nothing. And if they are also unable to work they will be impoverished. 
    Absolutely shameful. 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 hours ago
      @Take care now Honestly, if the government WANTED the government and social care system to collapse, they would be doing exactly what they are currently planning to do to the benefits system! 
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @ANGELA It won’t stand, as the NHS will collapse under the weight of referred cases. Please try to have faith, as there will be a major push back against this. I know it seems grim, but take it one day at a time.
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    If you look on social media, especially Twitter, the amount of ableist hate speech has frankly skyrocketed over the past few weeks. The disgusting way that what's laughingly still called the "Labour" party has created both the cruel substance of it's reforms and it's deeply cynical and dehumanising rhetoric around them is frankly an appalling stain on modern political life.

    If as many suspect hate crimes against the disabled and sick rise significantly over the next few years then we know without a doubt who should be blamed.
  • Thank you for your comment. Comments are moderated before being published.
    · 19 hours ago
    Also at least when the tories did consultations it was obvious where the link was to the form to fill in (and easily submit)

    This new so called ‘consultation’ has the questions randomly dotted around throughout the green paper (and as already said aren’t really giving the opportunity to share input - more ‘this is what we are doing and it’s set in stone, anything to add?’) and it’s only at the end of the paper there’s a very unclear link to the consultation form and return email address in very much small print/afterthought terms

    We only have 12 weeks to do this consultation- it it’s not obvious that there is indeed a consultation that’s just started (I don’t think any press has reported to start filling it in and the deadline) and where it’s actually located to fill in

    Aka it is not accessible 

    If the wca consultation by the tories lost a court case (the recent Ellen Clifford one) for being misleading, then this one should be taken to court on the grounds of consultation being ‘buried’ and too difficult for many disabled to locate (or even be aware of) said consultation 
  • Thank you for your comment. Comments are moderated before being published.
    · 19 hours ago
    The questions keep coming.  If you end up no longer getting the "health element" of UC because you no longer get Daily Living PIP, that would surely mean the removal of the work allowance - which, surely, would mean yet more money lost because the tapering starts straight away?  Or is the LCW group going to still exist in some way, so that a work allowance is still in place?  And if that happens, what happens to those of us who earn some money through self-employment?  Would the minimum floor thingy take effect?  So, despite them wanting more people in work, this could lead to many people basically giving up work!  
    Likewise, it's odd that they want to bring the two levels of payment on UC closer together stop people applying for disability benefits...while creating a gigantic chasm between the amounts of those on daily living PIP and those who are not.
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @SLB As Owen Jones states, "A crucial point here is that Labour isn’t starting from the point of ‘how can we help disabled people’. It’s starting from the point of ‘how can we cut spending'."
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @SLB I was wondering this,  There is nothing about it anywhere.  I already have a hobby that's declared as self employment.  I am thinking of giving it up because I am sure it will go against me at reassessment.
  • Thank you for your comment. Comments are moderated before being published.
    · 19 hours ago
    What will happen with those on ongoing awards, will we only be re assessed nearer the 10yr mark? 
  • Thank you for your comment. Comments are moderated before being published.
    · 21 hours ago
    So no questions on the changes to contribution based ESA?
  • Thank you for your comment. Comments are moderated before being published.
    · 21 hours ago
    I'm currently in reciept of UC LCWRA, new style ESA, and PIP standard care, Enhanced mobility, I have recently had my review assessment, and have had several descriptor points reduced to below 4, and others increased, it's almost like the assessors already knew about upcoming changes. I'm awaiting the final decision, to see if decision maker changes anything, and will have to do Mandatory reconsideration, as my health conditions have significantly worsened, and needs are significantly higher. Under the proposed changes I would score 11 points for care, but not 4 on any descriptor, and rely on my carer to take me to my numerous health appointments, couldn't attend on my own, how exactly would I manage without a carer? My health conditions would significantly worsen. I have liver cirrhosis, peripheral neuropathy, disassociated seizures without warning and post ictal symptoms, rheumatoid arthritis, postural hypotension, marfan syndrome, hypermobility, dialated aorta, significant muscle wastage, chronic pain, and fatigue, depression and anxiety, and awaiting assessment for autism, severe itching from liver disease, hepatic encephalopathy, memory and cognitive problems, esophageal varices and dysmotility, I'm on so many medications, and under so many specialists, my carer manages all my medications, and have to help me with an ever increasing amount of my care, so many of my conditions are progressive, chronic and life limiting, I'm absolutely petrified of what's going to happen to me, I can barely manage my life as things are currently. I'm getting a private occupational health assessment in 2 weeks, so hopefully that will help them understand my daily living better, and will count as evidence 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 hours ago
      @NLS2 Hey, so sorry to hear about your experience and wish you the best of health. How did your PIP review go? Was it similar to the first assessment you had. Did they ask for you to go in face to face or was it by telephone. Many thanks 
  • Thank you for your comment. Comments are moderated before being published.
    · 21 hours ago
    I was awarded Mobility Allowance in 1982 with a lifetime award, then transferred to DLA and was then transferred to PIP. 
    Currently I have an ongoing award of PIP both care and mobility components for an indefinite period with no date for a review.  
    I will be 70 years old in November 2026 so now a WASPI women who has retired and do not need to be incentivised to return to work, even though I worked for most of my life.
    I have been receiving the enhanced care component since 2019 and at my last review scored 12 points across 6 categories, my care needs continue to increase week by week as is only to be expected as I age, and need more and more help.
  • Thank you for your comment. Comments are moderated before being published.
    · 22 hours ago
    I have done the consultation 
    I have not held back my nuff said
  • Thank you for your comment. Comments are moderated before being published.
    · 22 hours ago
    I have just had my review completed by DWP I was medically retired from work I am unable to go out alone My husband to help me daily on many different tasks I have a syndrome of several different health conditions and disabilities  I have just checked my review decision Even with all my difficulties Most of my point given for daily living are one or two for each descriptor As I expect is the same for many I think many will lose their PIP I am lucky if you can call having poor health lucky that one of my descriptors was given 4 points this time Four points  for one descriptor is obviously going to be a tough ask for many to get the points required This is all a cost saving exercise and many genuine disabled people are going to pay the price by losing their PIP

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