09.05.24

Here at Renaissance Legal, we have seen a great deal of confusion and worry about the Government’s latest announcements on its proposed changes to disability-related benefits such as Employment and Support Allowance (ESA), Universal Credit, and Personal Independence Payment (PIP).
There are some changes on the cards which will definitely take place either this year or next, and other proposed changes which may never happen at all! If you claim any of these benefits, or you care for someone who does, it’s really important to sort out myth from fact.

Definitely happening – the move to Universal Credit

Employment and Support Allowance (ESA) is a longstanding benefit for people who are too unwell to work. Some people get a version which is based on their national insurance contributions – this is called Contributory or New Style ESA. There is also an income-related version of ESA, which is paid when the ill or disabled person doesn’t have enough money to live on. Some people get one or the other kind of ESA, and some people get both.

Universal Credit (UC) is slowly taking over from income-related ESA (and other means-tested benefits such as income support and tax credits), and, sooner or later, people on income-related ESA will have to claim Universal Credit instead. This could happen because of a change in circumstances, such as moving to another local authority area. This is called ‘Natural Migration’. Alternatively, it could happen because the Department for Work and Pensions (DWP) has decided it is that person’s turn to move to UC, and this is called ‘Managed Migration’.

The DWP has said for a long time that people on ESA, or ESA plus housing benefit, would be the very last ones to move to Universal Credit under Managed Migration, and for a long time they said this would be not until 2028-29.

However, as part of the Government’s plans to reduce spending on disability-related benefits, it has now been announced that this Managed Migration will start much sooner than expected, possibly later this year, and that the process will be finished by the end of 2025.

Our advice:
• Don’t panic! Even if you are told to switch to UC, you will have three months to do so, and you can get help with the process (either from our specialist team of benefits advisers, or from an organisation such as Citizens Advice).
• Take some time to ensure that all your benefits are being paid accurately and to the maximum extent possible.
• Remember that contributory ESA is still payable, even if you claim Universal Credit as a means-tested top-up.

Possibly happening – changes to the Work Capability Assessment

When people claim either UC or ESA because they are too ill or disabled to work, they go though a process called the Work Capability Assessment. The tests which are part of this assessment are likely to change, to make it harder for people to ‘pass’ the assessment and be found to be too unwell to work. The Government has said that it aims to reduce the numbers of people passing the assessment, especially those claiming on mental health or mobility grounds.

We have no detailed confirmation of the wording for the new tests, when they will be implemented, and if the new rules will only apply to new claims.

Our advice:
• Again, don’t panic. Make sure you keep all your benefits paperwork, medical evidence, decision letters and assessment reports so that you are properly organised when your Work Capability Assessment is due.
• We will update this blog when more information is available. The changes may not take place until after the General Election (which, at the time of writing, there is no confirmed date for), if at all.

Definitely not happening for the foreseeable future

Recent press reports have made it sound as though a dramatic shakeup is going to happen to Personal Independence Payment very soon. This is not the case.
Rishi Sunak talked about possibly changing PIP to a means-tested benefit, or paying for counselling, adaptations or other services instead of a weekly amount. None of this can happen without both a public consultation AND a change in the law. This means that these are ideas only, and nothing will happen to PIP for a long time, if at all.
Help from us

Our specialist welfare benefits team can help and advise you with all aspects of welfare benefits in England and Wales. We can check that you are receiving the right amounts and check to see if there is anything else available to you and your family. We can challenge benefit decisions, and we can advise you on tricky issues, such as the effect of Trusts or inheritances.

Please get in touch for a confidential, informal discussion if you would like some help or advice.