Friday 24 May 2013

Two win sickness benefit test legal challenge

Judges at the Upper Tribunal ruled the Work Capability Assessment puts people with mental illness, autism and learning difficulties at a substantial disadvantage. 


 The process is too difficult for many to navigate, a court heard. 

 The Department for Work and Pensions says there are safeguards in place and it will appeal against the ruling.

The court was told people who have conditions that mean they lack insight can struggle to gather the right documents needed for a successful claim, such as doctors' reports.

Lawyers for the two argued that where a claim is from someone with a mental health problem, it should be the government's responsibility to seek additional medical evidence. 

UK 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.

More than a third of these people are claiming primarily for mental health problems, meaning tens of thousands of people each month are going through a process that puts them at a substantial disadvantage, the mental health charity said. 

Under the current system, evidence from a professional, such as a GP or social worker, is expected to be provided by claimants 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.

The charities involved in the case called on the government to suspend use of WCA tests for the people they help.

Mind's chief executive Paul Farmer said: "The judgment is a victory, not only for the two individuals involved in this case, but for thousands of people who have experienced additional distress and anxiety because they have struggled through an assessment process which does not adequately consider the needs of people with mental health problems."

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