Judged fit to work? You could lose your benefits if you appeal

The government could cut off incapacity payments if people challenge the ruling that they are fit to

Under new proposals, hundreds of thousands of people on incapacity benefits could be cut off from support if they challenge the ruling that they are fit to work.

In April, the government began a reassessment of the 1.6m people claiming sickness benefit, as part of a plan to reduce the annual £7bn incapacity bill.

The new Work Capability Assessment (WCA) has stricter criteria and finds many more people able to work. However, serious concerns have been raised about the reliability of the tests, run by French company Atos. Charities such as Mind, the MS Society, and Parkinson's UK have all raised concerns about a rigidity of questioning that does not take into account the range of problems that might prevent people from working.

As I reported in August last year, in Burnley, one of the areas where the WCA was piloted before being rolled out nationwide, a third of those declared fit for work appealed, and 40 per cent of them won.

This is a very high proportion, and indicates serious flaws with the WCA. Indeed, last year, the BBC reported on instances of people with serious illnesses such as Parkinson's being declared fit to work because of the inflexibility of the criteria.

Currently, those judged fit to work keep receiving their benefit while their appeal is being heard. However, under these new plans, claimants would lose these payments. If they are successful, they will be reimbursed in full. According to the Times (£), this is because ministers are concerned that continued payments are acting as an "incentive to appeal".

Judges have said in private that they could face 500,000 cases a year, with some taking more than nine months to resolve. The tribunal service has already had to double its staff. Ministers hope that this move could put some people off appealing and reduce this burden.

This action is seriously inhumane, and could mean that people with serious diseases or mental illness are left without any source of income for up to nine months while they challenge an unfair ruling.

The fact that so many people win on appeal shows that the WCA is simply not working. Malcolm Harrington, appointed to improve the work test, has warned that the standard of assessments is still inconsistent. Unfairly ruling people fit to work, only so they can win it back on appeal, is both cruel to the individual and costly for the government -- it is already costing £50m a year.

A far more sensible course of action would be to work hard on improving the WCA to broaden the criteria of the test and improve its accuracy, so it allows for the messy reality of human sickness while also ensuring that those fit to work cannot unfairly claim. Pressurising people to forgo their legal right to appeal cannot be the right course of action and essentially punishes them for the failings of the system.



Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Michael Gove definitely didn't betray anyone, says Michael Gove

What's a disagreement among friends?

Michael Gove is certainly not a traitor and he thinks Theresa May is absolutely the best leader of the Conservative party.

That's according to the cast out Brexiteer, who told the BBC's World At One life on the back benches has given him the opportunity to reflect on his mistakes. 

He described Boris Johnson, his one-time Leave ally before he decided to run against him for leader, as "phenomenally talented". 

Asked whether he had betrayed Johnson with his surprise leadership bid, Gove protested: "I wouldn't say I stabbed him in the back."

Instead, "while I intially thought Boris was the right person to be Prime Minister", he later came to the conclusion "he wasn't the right person to be Prime Minister at that point".

As for campaigning against the then-PM David Cameron, he declared: "I absolutely reject the idea of betrayal." Instead, it was a "disagreement" among friends: "Disagreement among friends is always painful."

Gove, who up to July had been a government minister since 2010, also found time to praise the person in charge of hiring government ministers, Theresa May. 

He said: "With the benefit of hindsight and the opportunity to spend some time on the backbenches reflecting on some of the mistakes I've made and some of the judgements I've made, I actually think that Theresa is the right leader at the right time. 

"I think that someone who took the position she did during the referendum is very well placed both to unite the party and lead these negotiations effectively."

Gove, who told The Times he was shocked when Cameron resigned after the Brexit vote, had backed Johnson for leader.

However, at the last minute he announced his candidacy, and caused an infuriated Johnson to pull his own campaign. Gove received just 14 per cent of the vote in the final contest, compared to 60.5 per cent for May. 


Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.