Incapacity benefit is today replaced with the new Employment and Support Allowance, which is designed to bring one million people back into work.
The ESA, for people who are ill or disabled, is part of the Government’s radical Welfare reforms, which aim to get 1 million people off incapacity benefit and back into work by 2015. Currently, more than 2.5 million depend on incapacity benefits. Of these, a significant number are also severely disabled, provide care to others who are sick or disabled, or would be able to claim their benefits for other reasons.
From today new claimants who cannot work due to ill-health or disability will be able to claim Employment and Support Allowance (ESA). People already claiming Incapacity Benefit will continue to receive it for the time being. However, over time, the new scheme will be introduced for existing Incapacity Benefit claimants, starting with those under 25, before rolling the programme out to all sick and disabled claimants eventually.
Pete Donohue is a community care and welfare advisor at North West firm Stephensons Solicitors LLP. He helps members of the public, particularly the sick and disabled, to gain access to the services and benefits they are entitled to, and which will improve their lifestyle.
He said: “The new system is undoubtedly a move by the Government to focus on many people who are currently claiming Incapacity Benefit, in order to get them back into work. The new regime will offer more structured support in terms of a back-to-work programme which will help to open doors to work experience opportunities. This new allowance and the schemes which underpin it build on progress already made as part of the pilot scheme Pathways to Work, which provided practical support for people to get back into employment.”
Within weeks of making a claim, customers will have their capability assessed by a health professional through the new Work Capability Assessment. The new assessment is designed to look at what people can do rather than what they can't - and will ensure that those who can work are given the help and support they need to get back to work.
People who are assessed as having the most severe disabilities or health conditions will go into the 'support group'. Everyone else will go into the 'work group.'
Those claimants who are assessed as being able to prepare for work will then engage in a back to work programme, where they will be assigned a personal advisor who will help them overcome any barriers to work including having a skills check.
Pete added: “One concern is that a large number of those people who are currently deemed to be in the most need of benefits – those who need the most support – will still have to go through the initial assessment phase.
“In any event, even under the previous rules, people have always had a choice to work and to be able to take time to decide whether they considered work would suit them. Schemes such as the Therapeutic Earnings Rules and Permitted Work Rules already allow people to work and claim sickness and disability benefits, with an opportunity to return to those benefits if the pressure or effect of employment became too much for them.
“Disability employment advisors have been available to claimants for years through the Job Centre. The difference with the new scheme is, for many, the element of choice is effectively removed, and replaced by elements of compulsion.
“But, in a climate of economic upheaval and rising unemployment it may be more challenging for the estimated one million people to find work.
“Perhaps the Government should look much more at extra ways to boost the new system, for example by giving employers additional incentives to bring people back to work, in the form of grants or additional training.”
Stephensons has represented thousands of people in securing their rightful benefits and services and anyone who is uncertain about their entitlements under the new regime should contact the Community Care team on 01942 777777.