Judges rule that Disability test is unfair.

Victory for welfare campaigners as judges rule controversial disability benefits procedure is unfair

22 May 2013 0 Comments

Victory for welfare campaigners as judges rule controversial disability benefits procedure is unfair

Three judges have ruled that the procedure currently used by the Department for Work and Pensions (DWP) to decide whether hundreds of thousands of people are eligible for Employment and Support Allowance (ESA) disadvantages people with mental health problems, learning disabilities and autism.

The judgment, which was made public at a high court hearing today, is the result of a judicial review brought by two anonymous claimants with mental health problems.

The charities Rethink Mental Illness, Mind and the National Autistic Society intervened in the case to provide evidence based on the experiences of their members and supporters.

The case centres on how evidence is gathered for the controversial Work Capability Assessment (WCA), the process used to determine whether someone is fit for work.

Under the current system, evidence from a professional such as a GP or social worker is expected to be provided by people themselves. There is no obligation for the DWP to collect this evidence, even on behalf of the most vulnerable claimants, apart from in some rare cases.

Seeking evidence can be very challenging for people with mental health problems, learning disabilities or autism whose health or condition can make it hard for them to understand or navigate the complex processes involved in being assessed.

As a result, those who need support the most are frequently being assessed without this important evidence being taken into account.

It was ruled that the DWP had breached its duties to make reasonable adjustments under the Equality Act 2010 and that the Department must do more to ensure this sort of evidence is collected and taken into account. This means the current procedure for the WCA puts some groups at a substantial disadvantage.

The three charities have hailed the ruling as a victory for people with mental health problems, learning disabilities and autism who are being put through a process which puts them at a disadvantage. 

Read more here. http://www.rethink.org/media-centre/2013/05/victory-for-welfare-campaigners-as-judges-rule-controversial-disability-benefits-procedure-is-unfair

3 thoughts on “Judges rule that Disability test is unfair.

  1. Pingback: The British Government & Atos Continue to Torture More Innocent Sick People… | Atos Victims Group News

  2. Pingback: The ‘Work Capability Assessment’-What’s going on? | SociopathiCuttlefish

  3. Pingback: Applying for Disability Living Allowance – part 2 | The Chronic Chronicles

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