APPLICANT 1
Scott Garrett’s ability to work has been compromised due to injuries sustained in an
accident. As a result, he is seeking to determine his eligibility for payments and the amount
of any payments he may be entitled to. To make this determination, he will need to undergo
a work capability assessment. The work capability assessment, also known as the Work
Capability Assessment (WCA), is a crucial evaluation for those claiming Universal Credit.
The WCA has been in use since the introduction of Employment and Support Allowance
(ESA) in October 2008. Additionally, from late 2010, the Department for Work and Pensions
began using the WCA to reassess remaining incapacity benefit claimants for ESA. The WCA is
used to determine whether Universal Credit claimants are entitled to extra payments for
disability or ill health and if they have any work-related requirements. It currently decides
whether an individual is fit for work with regards to their ESA or UC allowance.
Despite its significance, the WCA has been heavily criticized by disability campaigners who
argue that the assessment process is harmful, discriminatory and ineffective. They have long
called for reforms to the system, including scrapping the WCA entirely or conducting
assessments in a more fair and appropriate manner.
Overall, while the WCA plays a vital role in determining eligibility for welfare payments,
concerns have been raised about its effectiveness and fairness, and further action may be
necessary to address these issues.
The Work Capability Assessment (WCA) is an evaluation used to determine the work-related
responsibilities that an individual must fulfill in order to continue receiving their benefits. If
the assessment shows that an individual has a limited capability for work, their work-related
responsibilities will be reduced accordingly. Similarly, if the assessment reveals that an
individual has a limited capability for work-related activity, they will not be required to meet
any work-related responsibilities and will also be eligible for the work capability amount.
Universal Credit is a monthly payment intended to help individuals cover their living costs. It
may be available to individuals with a low income or who are currently out of work. If an
applicant has a health condition or disability that limits their ability to work, they may be
entitled to an additional amount of Universal Credit. The Department for Work and Pensions
(DWP) refers to this as an individual’s ‘capability to work.’
The WCA plays a central role in determining eligibility for Employment and Support
Allowance (ESA). It is comprised of two parts. The first part, known as the limited capability
for work assessment, is used to determine an individual’s eligibility to continue receiving
ESA.
The work capability assessment (WCA) is a crucial tool used to determine the level of
support someone is entitled to through the employment and support allowance (ESA) or
universal credit (UC). The assessment determines an individual’s work-related
responsibilities or requirements necessary to receive full benefits. Depending on the
outcome of the assessment, an individual may be placed in the support group or the work-
related activity group, which affects the level of ESA received and the duration of the award.
The WCA has two parts, the limited capability for work assessment, and the limited
capability for work-related activity assessment. The applicant’s placement in either group is
dependent on whether they meet certain descriptors outlined in Schedule 3 of the ESA Regs
2013.
In Scott’s case, he is unable to mobilize unaided or move between seated positions without
assistance, and has limitations in arm movement and ability to lift objects. Based on his
descriptors, he qualifies for ESA benefits and has earned enough points on the assessment.
Scott is entitled to receive € 77.00 per week and is not required to participate in work-
related activities.
It is important to note that the WCA has been subject to criticism by disability advocates
who claim the assessment process is discriminatory, harmful, and ineffective.
APPLICANT TWO
The applicant’s work capacity has been affected by their accident, but they do pass the
Work Capability Assessment and are therefore eligible for benefits. The assessment
determines the work-related responsibilities that must be met to continue receiving
benefits. If an individual is found to have a "limited capability for work," their work-related
responsibilities will be limited, and if they have a "limited capability for work-related
activity," none of the work-related requirements will apply to them, and they will be
entitled to the work capability amount. Universal Credit can provide both financial and
work-related support to individuals with health conditions or disabilities that prevent them
from working or limit their work capacity.
If the individual’s health condition or disability persists for four weeks or more, they will be
referred for a Work Capability Assessment (WCA) to determine how much it affects their
ability to work. These assessments are conducted by qualified healthcare professionals
contracted by the DWP and are typically based on medical evidence. In some cases, a more
detailed interview may be required. The assessment can be done face-to-face, by
telephone, or by video. The Work Capability Assessment (WCA) assesses an individual’s
ability to perform certain activities, and points are awarded based on their capacity to do so.
A score of 15 or more indicates limited capability for work, and points can be awarded for
one or more activities. The applicant’s capability for work is assessed based on several
factors, including their ability to mobilize unaided by another person, with or without the
use of walking aids, manual wheelchairs, or other supportive devices. Another important
criterion is whether the applicant can repeatedly mobilize 50 meters within a reasonable
timescale, without experiencing significant discomfort or exhaustion. In the case of DC, he
experiences significant discomfort and exhaustion when mobilizing 50 meters and requires
physical assistance to move between seated positions located next to each other.
Additionally, he is unable to raise either arm, which further limits his work-related
capabilities. Consequently, it is not reasonable to expect him to take part in work-related
activities. As a result, DC is eligible for the Employment and Support Allowance (ESA) and
the Contributory Employment and Support Allowance. He will receive €77.00 per week for
ESA and an additional €40.60 per week.
APPLICANT 3
The process of establishing limited capability for work begins with a medical certificate from
the claimant’s doctor, and provisional payment is issued during the processing of their
claim. The claimant is then placed in the assessment phase, which lasts for 13 weeks or until
the completion of the Work Capability Assessment (WCA), whichever is longer. In the event
that this phase lasts longer than 13 weeks, successful claims will have any additional
payment due as a result of passing the assessment backdated to the 13th week.
To support their claim, the applicant may submit reports directly to the assessment center
or provide evidence along with their completed questionnaire. While additional evidence
can be provided at any point, submitting it early ensures that it is considered throughout all
subsequent stages and may speed up the decision-making process.
Most supporting evidence is used to determine whether the claimant meets the qualifying
descriptors. However, there may be instances where specific problems need to be
addressed. For example, if a patient reports that their ESA has stopped, it may be due to a
lack of points scored during their WCA or because they failed to attend it. The clinical
evidence should address the issue in question.
In the case of the applicant, she experiences difficulties with repeatedly mobilizing 50
meters due to significant discomfort or exhaustion. Additionally, she has trouble with
picking up and transferring items using her upper body and arms. She also struggles with
controlling her bowels and bladder despite using any aids or adaptations that are normally
or reasonably available. Managing day-to-day life is challenging due to cognitive impairment
or mental disorder, and she experiences significant difficulty relating to others or engaging
in social contact. Finally, she occasionally experiences uncontrollable episodes of aggressive
or disinhibited behavior that would be unreasonable in any workplace.
Despite these challenges, the applicant has passed the test and is entitled to benefits. She
will receive a basic ESA of €77.00 per week, along with an additional €40.60 per week.
APPLICANT 4
To determine if you have limited capability for work, you’ll undergo a Work Capability
Assessment (WCA) to evaluate how your mental or physical health affects your ability to
perform certain activities. Points are awarded based on your capabilities, and a score of 15
or more means you have limited capability for work. One of the activities evaluated is
whether you can move unaided for more than 50 meters due to significant discomfort or
exhaustion.
In Brodie’s case, he’s unable to move unaided for more than 50 meters, which automatically
awards him 15 points on the assessment. One of the descriptors in Schedule 3 also applies
to him, meaning it’s not reasonable to require him to participate in work-related activities.
As a result, he’ll be placed in the support group and receive a basic ESA of €77.00 per week
along with an additional €40.60 per week.
If the applicant receives Employment and Support Allowance (ESA), they’ll be informed
whether they’ve passed the assessment and can continue to receive ESA. If they’re placed in
the Support Group, the decision maker will also calculate any owed back pay and arrange
for it to be paid. While the Support Component isn’t granted for the first three months of a
claim, most people in the Support Group receive some back pay, as it typically takes longer
than three months to complete a Work Capability Assessment.
BIBLIOGRAPHY
CASES
Power v Regent Services Ltd, [2007] EWCA Civ 1188, [2008] 2 All ER 977
LEGISLATION
Employment Rights Act 1996.
Welfare Reform Act 2007
Employment and Support Allowance Regulations 2013, reg 15/sch 2
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Callinicos A, Against the Third Way (Polity Press, Cambridge, 2001)
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DWP, ‘Raising expectations and increasing support: reforming welfare for the future’ (Cm
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Kemp, P., and J. Davidson. 2010. Employability trajectories among new claimants of
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Roulston A, Enabling technology: Disabled people, work and new technology (Open
University Press, Milton Keynes, 1998)
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claimants into employment, Sixth Report of the Session 2010−12, vol 1, HC 1015 (The
Stationery Office, London, 2011)
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