SI 2011 No. 228 ESA (Amendment) Briefing

5 April 2011

Citizens Advice briefing for Lord Kirkwood of Kirkhope's 'motion to annul': SI 2011 No. 228 - Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011 - House of Lords, 16 March 2011

Citizens Advice has significant concerns about the current operation of Work Capability Assessments and the accuracy of decisions based on the assessment.

Citizens Advice Bureaux already advise many seriously ill clients who are found ‘fit for work’ under the current Work Capability Assessment descriptors. A significant proportion of people found ‘fit for work’ see their initial decision reversed at appeal, as evidenced by the Department for Work and Pensions’ own statistics.

Citizens Advice has significant concerns about the introduction of new descriptors for the Work Capability Assessment, outlined in Schedule 1 of the Statutory Instrument will exacerbate these existing problems.

Professor Malcolm Harrington, the independent advisor appointed by Government to review the Work Capability Assessment, has identified a number of problems both with the test itself and how it is carried out. Some improvements have already been agreed, and the Professor will report again later this year. The proposal to introduce new descriptors should be dropped until the improvements are put in place, and Professor Harrington has reported again.