Benefits - News and Information
Updated Jan 2013
NB: For benefits advice contact an organisation such as DIAL (DIAL North Worcestershire/ DIAL South Worcestershire) or the Citizens Advice Bureau. The information on this page is background information.
Summer Budget 2015 - on gov.uk

Summer Budget 2015: key announcements - on gov.uk
Summer Budget 2015 - on parliament.uk

Reports and reactions:
• Disability Rights UK say
Employment and Support Allowance – From April 2017 new ESA claimants who are placed in the Work-Related Activity Group will receive the same rate of benefit as those claiming Jobseeker’s Allowance, alongside additional support to help them take steps back to work. - See more
• Action for M.E.
• BBC - Key Points - Benefit Changes
2015.07

ESA Reports from Action for ME and the 25% ME Group - both highlighted at the APPG (All Party Parliamentary Group) on ME meeting on 15 January 2013.

Files below:
• 25% ME Group’s “ESA feedback report 2013” giving a Report on Feedback from Members 2012. 
• Plus ‘Key issues’ (summary of this report)
• Action for ME’s “Time for Action on the Work Capability Assessment” 2013.02
25% - ESA Feedback results - Report Jan 2013
File Size: 1035 kb
File Type: pdf
Download File
25% - KEY ISSUES on ESA for APPG Jan 2013
File Size: 31 kb
File Type: doc
Download File
AFME - time for action on WCA
File Size: 1786 kb
File Type: pdf
Download File
Personal Independence Payments - From ME Association: Following intense pressure from the Countess of Mar and members of Professor Malcolm Harrington’s Fluctuating Conditions Group, the Department of Work and Pensions have changed their mind on the way the needs of people with fluctuating conditions – like ME/CFS and multiple sclerosis – will be considered when the new Personal Independence Payments start replacing the Disability Living Allowance on 8 April. 2013.02
From DWP.gov.uk: Including consideration of reliability in the PIP Regulations
On 31 January 2013 DWP Ministers announced plans to amend the Regulations on Personal Independence Payment (PIP), to make clear that, when assessing whether an individual can carry out an activity, we must look at whether they can carry out that activity:
• safely • to an acceptable standard
• repeatedly • in a reasonable time period.
This concept has always been integral to the Department’s proposals for the PIP assessment but Ministers have agreed to include it in the Regulations to make the policy intent clear in legislation.

The Department has published a draft amending Regulation. These may be subject to further refinement. A final Regulation will be laid once the PIP Regulations currently being considered by Parliament are made but before they come into force in April 2013. 2013.02
Factsheet on Personal Independence Payments: Disability Rights UK have now updated their factsheet on Personal Independence Payments to include the new abilities test criteria.

In the fact sheet it says: If you have a fluctuating condition the most appropriate descriptor will be the one which is likely to apply for the greatest proportion of that time.

See the 'PIP assessment guide for assessment providers' (updated versions to be published once ready) on the Personal Independence Payment assessment criteria page. 2013.02
Blue Badge Parking Scheme
 Information for Worcestershire residents, including links to uptodate (January 2013) application forms.

AfME - Blue Badge consultation report published (25 January 2013)

The Department for Transport (DfT) has published a consultation outcomes report on the Personal Independence Payment (PIP) and eligibility for a Blue Badge consultation. Norman Baker, Parliamentary Under Secretary of State for the DfT, has also produced a written statement. He states that there should still be a legislative link between PIP and Blue Badge, so that those who score 8 points or more in the 'moving around' descriptor of PIP will automatically be eligible for a Blue Badge.

Action for M.E. published a response to the consultation in October 2012. 2013.01
AfME - Guidance for PIP assessments published (25 January 2013)

The Department for Work and Pensions has produced guidance for providers carrying out the assessments for Personal Independence Payment (PIP). They will continue to refine the guidance and updated versions will be published on the run up to the implementation of PIP.

PIP is the new benefit replacing Disability Living Allowance. 2013.01
MEA - Personal Independence Payments, eligibility for Blue Badges - Government statement (25 January 2013 by Tony Britton)

The Government has today published its report on people’s eligibility for Blue Badges when Personal Independence Payments start replacing the Disability Living Allowance on 8 April this year.

Norman Lamb, Parliamentary Under Secretary of State at the Department of Transport, writes:
I am today publishing my department’s consultation report on Personal Independence Payment (PIP) and eligibility for a Blue Badge. I have decided that the Blue Badge scheme in future will be as similar to the current scheme as possible. The government has recently announced important reforms to the welfare system. Personal Independence Payment (PIP) will begin to be introduced for people who are aged 16 to 64 from 8 April 2013. From October 2013 onwards, PIP will begin to replace Disability Living Allowance (DLA) for existing DLA recipients aged between 16 and 64.

As around a third of all Blue Badges are currently issued to people who receive the higher rate of the mobility component of Disability Living Allowance, my department consulted between July and October 2012 on the options, in England, for dealing with the impact of the welfare changes.

The government remains committed to ensuring that the Blue Badge scheme continues to be focussed on those people who will benefit most from the parking concessions that it offers, and that it is sustainable in the future.

 Therefore, having carefully considered the responses to the consultation, I have decided that, when DLA is replaced by PIP, there should still be a legislative link that means those people who score 8 points or more in the ‘moving around’ activity of PIP will be automatically eligible for a Blue Badge. This activity assesses a person’s physical ability to get around and a score of 8 points or more will be awarded to people who are either unable to walk or who cannot walk further than approximately 50 metres. This means that future eligibility for a Blue Badge will be as similar to the current eligibility criteria for the scheme as possible.

The relevant legislation will be changed in the near future. Any consequential changes to the Blue Badge scheme will be phased in, in line with the welfare changes. They will affect existing badge holders when a current badge expires and they apply for a new one. If an individual does not automatically qualify for a badge by virtue of a PIP award, they will be able to apply directly to their local authority to see whether they qualify under any of the other criteria.

These changes will not affect people under the age of 16 or over the age of 64.

A copy of the consultation response document has been placed in the House Libraries, and will also be available on the GOV.UK website. 2013.01
BBC  -  Disability benefits: Minister to clarify assessment regulations www.bbc.co.uk/news/uk-politics-21184056 (24 January 2013)

Ministers are clarifying how mobility disability assessments are carried out following criticism of changes to Personal Independence Payments.

Those unable to walk more than 20m would automatically qualify, rather than the previous distance of 50m.

But peers said the new regulations should include the requirement that tasks be done "reliably, safely, repeatedly and in a timely manner".

Welfare Minister Lord Freud said he was looking "very actively" at the issue.

Lord Freud came under fire over the new system of Personal Independence Payments, which replaces Disability Living Allowance, during question time in the Lords.

Ministers say the new benefit will be targeted at those who need it most.

 - Legal challenge

Independent crossbench peer Lord Alton of Liverpool said the new regulations failed to include the phrase "reliably, safely, repeatedly and in a timely manner" - used as the criteria to decide whether people can carry out essential tasks such as walking and dressing.

Lord Alton said one third of disabled people lived in poverty and it was estimated 42% fewer people would be eligible for mobility allowance.

The revelation that some people "will have their specially adapted vehicles taken away from them or offered to them to buy" had caused "widespread disbelief and considerable distress", he added.

Liberal Democrat Baroness Thomas of Winchester said: "If these words were not made statutory in some way or another, the number of appeals would rocket so much and there would be such a period of uncertainty in so many ways for so many people that it is not worth not putting them in."

Lord Freud said he recognised the strength of feeling and the government was "very actively" looking at putting the words into the regulations "in a way that works legally".

He said he hoped to present peers with a "definitive" approach in a week's time.

 - 'Inadequate discussion'

Crossbencher Baroness Grey-Thompson, a Paralympic gold medallist, hit out at a "lack of consultation" on the changes, stating that the 20m walking rule for eligibility for the enhanced rate of PIPs should have been included in consultation documents.

She told Lord Freud there was a "real risk that this is open to judicial review".

Conservative Lord Sterling of Plaistow, chairman and co-founder of Motability - which provides more than 620,000 vehicles for disabled people - also criticised the proposals.

He warned: "There is concern amongst disabled people at the recent change from the 50m to the 20m as the distance specified in the regulations for high rate mobility (allowance)."

Lord Freud responded: "I have to accept that there was not adequate discussion on this and there is not adequate understanding, just from the concerns I am hearing today about this."

The Department of Work and Pensions maintains it is making an out-dated benefit much clearer, and that broadly the same number of people will be entitled to extra mobility help.

A spokeswoman for the department said: "It is not a tightening of the rules - 50 metres has never been set out in legislation. We had strong feedback from our consultation that the criteria was unclear which is why we have now clarified the rules," she said.

"In fact a greater proportion will get the higher rates for mobility under PIP compared to DLA, showing support is going to those who need it most." 2013.01
One Percent (Autumn Statement 2012)
Information from gov.uk (and also the documents section).

"Benefits uprating – Most working age benefits will be uprated by 1 per cent for three years from April 2013. This will apply to: Jobseeker’s Allowance; Employment and Support Allowance; Income Support; applicable amounts for Housing Benefit; Maternity Allowance; Statutory Sick Pay; Statutory Maternity Pay; Statutory Paternity Pay; and Statutory Adoption Pay. This excludes the disability, carers and pensioners premia in these benefits and the support
component in Employment and Support Allowance, which will continue to be uprated by prices. Child Benefit will be frozen in April 2013, as set out in the June Budget 2010, but will be uprated by 1 per cent for two years from April 2014.

Tax credits uprating – Uprating by 1 per cent will also extend to the Child Tax Credit and Working Tax Credit (excluding disability elements). The couple, lone parent and child elements will be uprated by 1 per cent for three years from April 2013. The basic and 30 hour elements will not be uprated in 2013-14 as set out in Spending Review 2010 but will be uprated by 1 per cent in 2014-15 and 2015-16. All disability elements will continue to be uprated by prices each year.

Pensions uprating –The Government confirms that the basic State Pension will be increased in line with the triple guarantee in April 2013, meaning a cash increase of £2.70 a week.

Housing Benefit – In April 2013 Local Housing Allowance rates will be uprated as previously announced. In April 2014 and April 2015 Local Housing Allowance rates will be uprated by current policy, subject to a 1 per cent cap, with exemptions for rates in those areas in which rent increases are highest. 30 per cent of the potential savings from this measure will be reserved to fund the exemptions in these two years."
Letter from Disability and Carers Service dated Nov 2012
A Disability Living Allowance (DLA) letter refers to an earlier Employment and Support Allowance (ESA) medical as evidence. (Selected text below.) 2012-11
This letter is about your claim for Disability Living Allowance.

Mobility
I have not awarded you either rate from and including 09/11/2012.
Care
I have not awarded you any rate from and including 09/11/2012.

How I made my decision
I made my decision using the information about your illnesses and disabilities from:
  • your claim form
  • the extra information you gave us
  • the health care professional who examined you for Employment and Support Allowance on XX / 05 /2012
including details about any:
  • current treatment
  • medication
  • test results
  • symptoms
I consider this information to be the most suitable available and enough to decide how much help you need.
House of Commons Debate on Atos Healthcare -
4 September 2012

Hansard record of debate.
For the list of speakers look here - go down to 11am.

The Independent - Chris Grayling heckled in parliamentary debate as he defended Government use of Atos Healthcare

ME Association page

BBC - Watchdog [National Audit Office] finds 'weaknesses' in sickness benefit system
Contribution-based Employment and Support Allowance is due to end for claimants, in the Work-Related Activity Group, who have received it for 365 days.
Copy of the letter from the Department for Work and Pensions to claimants - explaining that because the claimant has been receiving contribution-based ESA for a total of 365 days this will be ending on 30 April 2012. It states that this rule does not apply to claimants in the support group. It gives some information about claiming income-related ESA. It also says that they will continue to credit the claimant with National Insurance contributions (for State Pension etc). 2012-04
Personal Independence Payment (PIP)

Personal Independence Payment (PIP) started to replace Disability Living Allowance (DLA) for people aged 16 to 64 from 8 April 2013.

The intention is that Personal Independence Payment will focus support to those individuals who experience the greatest challenges to remaining independent and leading full, active and independent lives.

Please see the gov.uk site for explanations, and links to more details. Also see and also the Policy page 'Simplifying the welfare system and making sure work pays'.

Benefit Rates

The Disability Alliance have published the UK benefits rates.

They have information (on pdfs) for benefits including:
Department for Work and Pensions (DWP) Benefit Rates; Child Benefit; Guardian's Allowance; Income Tax Rates; National Insurance Contributions; and War Pensions. 2011-12 (updated 2013.10)

"Possible changes to your Employment and Support Allowance" ... -
copy of the letter from the Department for Work and Pensions to claimants - about how the proposal in the Welfare Reform Bill, which is currently going through parliament, could limit contribution-based ESA claims to a maximum of 12 months. 2011-10

Extract from ME Association Trustees meetings - Sept 2011

Welfare Reform: ESA, WCA, DLA and ICB Trustees reviewed the current MEA strategy regarding all the various benefit reforms that are now taking place, or are due to take place.

Report - Employment and Support Allowance - Work Capability Assessment review
Making it work for fluctuating conditions April 2011, 67 page (480kb) available from the Forward-ME website

The Forward-ME Group (Action for ME, Association of Young People with ME, Blue Ribbon for awareness of ME, CFS Research Foundation, ME Association, ME Research UK, reMEmberCFS, and The Young ME Sufferers Trust) have published a report, together with 5 other charities, calling for changes to make benefits assessments fairer for people with fluctuating conditions.

The other members of the group [taken from the April 2011 report]
MS Society
Arthritis Care
Parkinson’s UK (news page about Welfare Reform
 - including ESA and PIP)
NAT (National AIDS Trust)
Crohn’s and Colitis UK
2011.04

ME Association responds to the consultation on the future of Disability Living Allowance

by Tony Britton on February 17, 2011
For advice contact DIAL (DIAL North Worcestershire/DIAL South Worcestershire)
or Citizens Advice Bureau. The following is background information.

After making a claim for ESA (which can be done by phone) the next stages are the completion of the “Limited capability for work questionnaire ESA50” form followed later on by a medical assessment (together these two form the "Work Capability Assessment"). It is possible to fill out the “Limited capability for work questionnaire ESA50” form on a pdf form  - it can be completed on your computer but needs to be printed and posted back in the envelope that was sent with the paper ESA50 form. The gov.uk site has basic information on ESA. The Jobcentre Plus guide Employment and Support Allowance - help if you are ill or disabled (dated 04/2012) covers who can get ESA, the assessment process etc. The information is also on the Direct Gov pages.

The DirectGov guide to the Work Capability Assessment form (ESA214) (the ESA50 form) includes the descriptors and scores for each assessment question (link to pdf found on this page).

(Note older direct.gov website had detailed information on ESA - now archived by The National Archives. THe up-to-date pages have less information.)
Limited Capability for Work and Limited Capability for Work-Related Activity tests
To have a successful claim you need to pass the test for Limited Capability for Work: to do this you need 15 points from the Work Capability Assessment (see the information about descriptors and scores above). To have a successful claim and be in the Support Group (rather that the Work Related Activity Group) you need to have one or more applicable descriptors from the Limited capability for work related activity test. The Department For Work And Pensions handbook dated April 2011 has a lengthy description of these Support Group criteria.
ESA and Re-assessment of benefits

The DWP page regarding reassessment of benefits has links to a 'Customer factsheet' (pdf) and also to 'Stakeholder information: IB reassessment' (pdf).  The 'Stakeholder information: IB reassessment' is long but includes a chart of the “The Reassessment Journey”.
Changes to contribution-based Employment and Support Allowance

Following the Welfare Reform Act 2012 and other regulations there have been changes to contribution-based Employment and Support Allowance.

These include a limit of 365 days of contribution-based Employment Support Allowance for people in the Work-Related Activity Group.

Information on PIP from - gov.uk - includes information on how to start the claim.

Specimen example of the 'How your disability affects you' (PIP2) form. (Sent to claimants after contacting the Department for Work and Pensions.)
How your disability affects you: PIP information booklet.

Information on PIP from  - Citizens Advice Bureau. About the 'How your disability affects you' (PIP2) form.

Information from - gov.uk on Disability Living Allowance (DLA) for children.
Information on benefits including DLA for Children from - Citizens Advice Bureau.