Government opens consultation on changes to the Work Capability Assessment

The government announced on 4 September 2023 that it is consulting on changes to the Work Capability Assessment, the assessment used to determine how people with health conditions are treated within the benefits system¹. The consultation closes on 30 October¹.

The proposed changes cover four of the 17 activities used in the assessment: Mobilising, Continence, Social Engagement and Getting About¹. For each, the government is considering removing the activity entirely or reducing the points awarded; for Mobilising and Continence it is also considering changing the threshold at which people are deemed unable to perform the activity¹. Claimants need to score 15 or more points across several activities to be placed in the Limited Capability for Work Related Activity (LCWRA) group¹. The consultation also covers the "substantial risk" criteria, a non-functional part of the assessment under which a claimant can be treated as having LCWRA despite scoring fewer than 15 points¹. Around one in six (15 per cent) of new claims are now awarded LCWRA in this way¹.

The LCWRA element is worth £390.06 a month in 2023-24 under Universal Credit¹. Claimants in this group are not expected to look for work or prepare for work; the changes would also make it more likely that claimants are subject to work-search requirements¹.

The Resolution Foundation notes that the government has said it envisages only a minority would lose entitlement to their current level of benefit or have to undertake work search as a requirement for claiming¹. It adds that the changes would apply only to new claimants, or those being reassessed, and not before 2025, with reassessments usually between 6 and 36 months after the initial assessment¹. Primary legislation would be needed to enact the changes¹.

Why it matters for households

The Work Capability Assessment determines both the level of benefits a claimant receives and what they are expected to do as a condition of claiming¹. Claimants placed in the LCWRA group receive the additional £390.06 a month and are not expected to look for or prepare for work; those in the Limited Capability for Work group receive no additional award but have more limited work-search requirements than other jobseekers; those who fail the test are treated equivalently to jobseekers¹.

Three-quarters of those in receipt of means-tested health-related benefits are in the bottom half of the income distribution, and 87 per cent of adults in receipt of such benefits have problems with their mobility or mental health, or have social or behavioural problems¹. The Resolution Foundation says only a minority will see their benefit award or work requirements change, because only claimants whose assessment outcome changes enough to move them into a different group will feel the effects¹.

What happens next

The consultation closes on 30 October 2023¹. The Resolution Foundation notes that the timing means any resulting policy proposals can be costed and included in time for November's Autumn Statement¹. No costings are yet available¹.