The DWP has launched an entirely bogus consultation on changes to personal independence payment (PIP) and universal credit (UC) by refusing to consult on almost everything that matters most to claimants.

The Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper sets out proposed changes to PIP, including preventing anyone who does not score at least one 4 point or more descriptor from being eligible for the daily living component.

It also proposes to freeze the LCWRA (health) element of UC and abolish the WCA.

Non-consultation

Yet the list of things that the DWP is refusing to consult on, meaning there are no questions about them in the online consultation, includes:

  • Scrapping the WCA
  • Creating a single assessment for PIP and the UC health element
  • Freezing the health element of UC until 2029/30
  • Only awarding PIP daily living if you get at least one descriptor scoring 4 or more points
  • Restarting WCA reassessments until the WCA is scrapped

(You can find a full list of the issues the DWP will and won’t be consulting on at Annex A of the Green Paper).

Leading questions

Instead of asking for feedback on these vital issues, the consultation asks questions that make the assumption that participants accept that people should lose their PIP:

2. What support do you think we could provide for those who will lose their Personal Independence Payment entitlement as a result of a new additional requirement to score at least 4 points on one daily living activity?

3. How could we improve the experience of the health and care system for people who are claiming Personal Independence Payment who would lose entitlement?

Missing information

Vital information that would allow people to have an informed opinion even on questions like those above has been deliberately withheld from the Green Paper.

For example, the DWP knows precisely, or could make a very accurate estimate of, how many current claimants would lose their award on review if their condition remains unchanged and the new system is introduced.

It also knows what condition those claimants have: how many have physical conditions like arthritis, mental health conditions like anxiety and depression, neurodevelopmental issues like ASD or ADHD.

The DWP knows, but it’s not telling us.

Yet how can you properly answer questions like the ones above if you don’t know who is most likely to be affected?   

Benefits and Work has made a Freedom of Information request for these figures, but we suspect they will not be forthcoming.

The information may be included in the impact assessment due to be published on 26th March.

Otherwise, perhaps readers could ask their MPs or a friendly member of the House of Lords to ask for them?

Judicial review

In January of this year, the High Court found that a Conservative consultation on changes to the work capability assessment (WCA) was unlawful, meaning that the changes could not go ahead.

The judge held that the DWP had: failed to adequately explain the proposals; had failed to explain that the main purpose was to save money rather than to get claimants into work; had failed to provide sufficient time for the consultation.

At the time, many of us thought that this meant that the DWP under Labour would have to carry out an honest consultation on changes to PIP and UC.

Instead, the lesson that the DWP has learnt is not that it should be honest, but instead that it should just not consult on anything meaningful at all.

According to the House of Commons Library:

“In some cases, public bodies have a legal duty to carry out a consultation. There will be legal duty to consult where:

  • there is legislation which requires a consultation
  • a government department or public body has promised to consult
  • there is an established practice of consultation in similar cases
  • not consulting would lead to obvious unfairness (in exceptional cases)”

We would argue that there is a very definite ”established practice of consultation” in relation to major changes to disability and incapacity benefits and that the current exercise is an attempt to pass off a fake consultation as the real thing.

It was the Public Law Project which won the case against the DWP over the WCA consultation.  We very much hope that they will be able launch a similar judicial review over this Green Paper consultation.

Alternative consultation

In the meantime, we hope that a major charity or umbrella body with good standing amongst the public and MPs, such as the Disability Benefits Consortium, will launch an alternative consultation.

It doesn’t need to be long or complicated.  It just needs to ask the questions that the DWP is scared to ask, such as:

Do you agree that only people who score at least 4 points on one daily living activity should get an award of the PIP daily living component?

Do you agree that the WCA should be abolished and replaced with a single assessment for both PIP and the UC health element?

Whatever the results, they could be circulated to MPs and members of the House of Lords who wish to be properly informed before they vote on these issues.

However, time is very short.  The official consultation does not end until 30 June.  But because the DWP have chosen not to consult on major changes, such as the new PIP scoring system, they can introduce new legislation as soon as they wish.  They have stated that they intend to bring forward legislation in this session of parliament, which ends on 21 July, so it could be as early as May that we see the new provisions. 

This means that, even though the change to PIP scoring will not be put into effect until November 2026, the law enabling it could be firmly in place very much sooner.

Silencing voices

The Green paper consultation is so dishonest that we feel unable to recommend that people take part in the way we normally would, though we also know that the DWP may argue that lack of response means that most people do not object to the changes.

In the Green paper, the DWP claim that “We are committed to putting the views and voices of disabled people and people with health conditions at the heart of everything we do.”

In fact, this bogus consultation is entirely about silencing the voices of disabled people and people with health conditions.

The reality is that the DWP under Labour is proving to be even more dishonest and devious than it was under the Tories.

The Green Paper consultation is online here or you can read all the questions in the consultation here.

 You can try the proposed new PIP test here.

You can also:

keep up with what’s changing and when

find out what you can do if you are unhappy about Labour’s plans

follow the latest news about PIP and UC changes.

 

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  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    All I can say is I pray every day, for the hard hearts to be softened and the persuit of money to diminish and those who in gov  can will be strengthened to stand up for us, and that we can prevail ... My heart goes out to us all, 🙏
  • Thank you for your comment. Comments are moderated before being published.
    · 12 days ago
    440000 New Style ESA Claimant's' in the Support Group face getting this benefit taken away with no replacement. On top of this is the PIP assessment requiring 4 points. Disgraceful from Labour and will never receive my vote again.
  • Thank you for your comment. Comments are moderated before being published.
    · 14 days ago
    It is extremely cruel to Abolish L C.W L.C.W.R.A and impose PIP rules instead. People will not get any help unless extremely disabled.  This does not mean illnesses that are debilitating cease to exist. I would also like to see an honest assessment from employers who are unlikely to want to take on disabled employees and pay sick pay out of their own pockets. I will never vote Labour again because of this and other cuts to the most vulnerable in society!!!
  • Thank you for your comment. Comments are moderated before being published.
    · 15 days ago
    At age 69 with an ongoing 10yr award will they follow me to the grave.
    I have my doubts they will ever leave OAPs like myself with lifetime disabilities to live out their final years in peace.
  • Thank you for your comment. Comments are moderated before being published.
    · 18 days ago
    Any time I approach attempting completing the consultation, I become overwhelmed by the complexity of it all.  It is especially difficult for someone struggling with illness to get to grips with.  I will persevere, but will need to take my time.  
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @Blip! be better to write to the address given and give your grievances that way, I believe the form. is set up in a way to favour the cuts 
  • Thank you for your comment. Comments are moderated before being published.
    · 20 days ago
    They never give you the points you are entitled to so there is no hope of getting 4 for one section. Basically they will just kick everyone off PIP and laugh all the way to the subsidised bar.
  • Thank you for your comment. Comments are moderated before being published.
    · 23 days ago
    I am utterly terrified. I’m a single mum, unable to work at all due to having ME. I am stuck in bed most days and need daily support to take care of my daughter, shop, clean, cook etc. Under these plans I will lose £6k a year. I will no longer be able to run a car (essential as completely housebound without it), buy food, heat my house or afford anything on at all apart from basic bills. I’ll be on £10k per year in total including child maintenance and child benefit. I am desperate to work but can’t as any physical or cognitive exertion worsens my health. 
    The only thing left in our power to ‘consult’ on is the issue of whether the time limited ‘employment insurance’ could potentially be made not time limited for those who simply cannot work. I don’t have high hopes but can’t see any other way they’ve left it open to make any allowances. 
    I have written to my MP and so have friends and family on my behalf but they’ve received generic replies spouting the party line about supporting the most vulnerable and encouraging the rest to find work. I personally have had no response. 
  • Thank you for your comment. Comments are moderated before being published.
    · 24 days ago
    I hope as many of you, as I, have completed the Green Paper 'consultation'. I doubt the Govt will take much notice but at least it will be there for all to see.
  • Thank you for your comment. Comments are moderated before being published.
    · 25 days ago
    It is shocking that a labour government could do this. Not only will I loose the daily living allowance but my wife looks like she will no longer be able to claim Carers allowance. Thus is a £7500 reduction and as we are pensioners it is quite a loss.
  • Thank you for your comment. Comments are moderated before being published.
    · 28 days ago
    Hello everyone I googled this esa support group contribution based old style what happens after 2028 the answers are on there 
  • Thank you for your comment. Comments are moderated before being published.
    · 28 days ago
    I have Secondary Progressive Multiple Sclerosis and in the support group. I have paid lots of tax and national insurance over the years while working and earning a high salary (even with MS). I'm now in the position where I need financial help due to having to stop in 2014. If these changes come to fruition, it terrify me.  
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    I am sick to my core with worry and anxiety about these proposed changed. I've recently had to claim pip due to a number of hidden conditions that have meant I'm no longer able to work full time, imposed by my employer due to them saying they can't sustain the level of support so have reduced me to 16hrs a week, I was awarded pip standard and like many I score in multiple tasks but none score 4 points. It's misguided for gov to say that the proposals are to get more people working.. as I'm sure that there are others like me who work albeit part time. The little pip i get now helps in a small way with the extras I need that i can no longer afford without it. I intended to answer the consultation but as already pointed out not the right questions have been asked and I gave up. Maybe b and w could post their responses it might just spur me on to attempt to respond.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    The false claims of providing support and help in finding and keeping a job are ridiculous. What they claim they'll do would cost twice as much.

    Other than saving money, the disabled are being used to massage the 'economically inactive' numbers to a lower point (to keep the unfeeling believe disabled are being tortured enough). Not that there is help or suitable work - just requirements to act like you are working - 35 hours a week of endless job searches for work you are too unwell to do. 

    Those with mental health problems are likely to be affected the most - being pushed out of PIP, then forced to take on more than they can manage - which will cause a lot of relapses (pressure on NHS) or suicides (which they probably don't care about). 

    They will also face more sanctions because they won't be able to keep up with UC commitments or attend face-to-face interviews/job coach meetings.

    Still, we can afford for MPS to get a £2,500 pay raise to almost £100,000 py. Pay all past PMs £120,000 per year for their whole lives - despite them making £mns off the back of having been PM.

    People making the decisions just have no idea.

  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    Hi Haven I meant to state 2028 in my post reply to you not 2018
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    The sick and disabled are being sacrificed by the Labour front bench, who are, since the demon Blair, Banker puppets.

    'A windfall tax on the record profits of Britain’s biggest banks could bring in nearly £15bn for the public purse, new analysis suggests.

    Britain’s ‘Big Four’ banks – Lloyds, NatWest, HSBC and Barclays – made an eye-watering £45.9bn in pre-tax profits last year.

    These earnings are not normal: they far outstrip the £25.6bn those same banks made on average between 2018 and 2021, before the Bank of England started raising interest rates. High interest rates allow banks to charge more on loans.

    Such bumper profits are currently taxed at a measly 3%. But it doesn’t have to be this way, campaign group Positive Money claims. 

    Countries like Spain, the Czech Republic and Hungary have imposed windfall taxes on credit institutions. If Britain were to do the same – at a 35% rate – it could generate £14.7bn for the overstretched public purse.'

  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    We have to respond to the Green paper - The DWP is trying for a win:win for them - either you’re fooled by their leading questions into agreeing with them, or you don’t respond and they take the low number as evidence everyone is okay with the changes.

    Any changes to welfare need to be looked at as the political equivalent of surgery - one wrong slip and people die. So you need experts, you need all the input you can get and you need to listen to the people affected. 

    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @A there is an address you can write, write to that with the grievences miss questions out as they are worded in a way to support the cuts x
    • Thank you for your comment. Comments are moderated before being published.
      · 24 days ago
      @A I have answered no to most of the questions, not responded to their leading questions, and told them that it is not workable or fair.
    • Thank you for your comment. Comments are moderated before being published.
      · 27 days ago
      @Will But is this different from the one we already took part in under the Tories which was considered unlawful because it's true purpose (to cut benefits) wasn't declared? 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Will How can we respond when the questions are not specific to how we will be affected. I feel they have this all done and dusted and will be see we have heard you and carry on regardless. It stink's. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I’d like to know what is happening to those on 10 year awards taking them beyond retirement.Is our retirement planning now gone again after the seven year raise in pension age.Are pensioners on pip being dragged into this,after the outcry from losing £200 a year to possibly thousands?Local authorities will be swamped with truly disabled people thrown aside because they haven’t got 4 points.The whole system will collapse without help from people now not allowed carers allowance.Rents won’t be paid either as it’s all linked.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Claire As I said Liz Kendall has not thought anything out or she has thought things out too much in the wrong direction. Whatever it is there will be a crisis with pensioners who will no longer be eligible for PIP but I think many will end up having to apply for attendance allowance in its place but they will loose their mobility in the process. The whole thing stinks of a lack of "duty of care" in the DWP and with Liz Kendall and I hope they are taken up in the courts.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    Hi Benefits and Work, it says on the government website that you can respond to the consultation via post and email which will allow for additional opinions. Please can you include this info on your article? I hate the web form format
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @H thanks for letting us all know about being able to respond with additional details, as thats whats clearly needed.Outside of the nonsense in the main green paper.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I've met some twisted evil fuzzy logic in my day, those who hate because a person's different for whatever reason and I call it out, every time. 
    Recently a person commented online that they didn't understand why the disabled needed extra money.
    I could have given her a thousand reasons. I didn't want to start signing up just to give her "what for".
    But that's what we are up against. 
    Do they really not understand or is it pure spite? 🤔  
    Most on the thread from what I saw were against Reeves and her cuts. They could see it was wrong, but there's always somebody who thinks differently, I guess they need to be treated with the contempt they deserve. They forget the fight we have,the fact we know we are deliberately short on points because the entire process stinks, and its about to smell to high heaven If the Government gets their way.  I tell ppl who think it's easy to get benefits if it is Go for it,then come back to me. Try it. You'll see the raw side soon enough. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @The Dogmother They're not affected, it's that simple, they have no idea what it's like to not beable to just jump in a car and go to work,get money have lovely meals out and holidays, they think that's what claimants are doing with their money,we aren't!! every day is an ordeal to get through and we would swap this for good health in a seccond,we don't want to need benefits but we have a right to survival!! That's why we need the benefits, and as for the " oh it should be a flat rate like UC and that low,the reason UC us so low for jobseekers is because YOU CANT LIVE OFF IT INDEFINITELY, that's the whole point and the incentive to find work (for the healthy non disabled)because you can't live off that,we have no hope of finding work so are we to be  condemned to permanent poverty!! seems so!!
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I fed the green paper in to ChatGPT 4.5 and this is what it said;

    The document “Pathways to Work: Reforming Benefits and Support to Get Britain Working” presents a detailed outline of proposed reforms to the UK’s health and disability benefits system. Below is a critical analysis robustly challenging assumptions, identifying potential negative impacts on disabled individuals, particularly those with neurological disorders like ADHD and type 2 bipolar disorder.

    Critical Analysis and Challenging Assumptions:
        1.    Binary Definition of Work Capacity:
        •    Assumption: The reforms aim to end the binary “can or can’t work” classification by scrapping the Work Capability Assessment (WCA) and relying on the Personal Independence Payment (PIP) assessment.
        •    Critical Challenge: PIP assessments focus predominantly on daily living tasks rather than employment capabilities. This shift might inadequately account for the fluctuating and episodic nature of many disabilities, especially mental health and neurological conditions, potentially misclassifying or underestimating support needs.
        2.    Pro-Work Incentives:
        •    Assumption: Increasing incentives by adjusting the Universal Credit (UC) structure—raising the standard allowance and reducing the health element—will encourage disabled individuals into work.
        •    Critical Challenge: This assumption overlooks substantial barriers such as discrimination, inadequate reasonable adjustments in workplaces, and limited availability of flexible employment. Without robust anti-discrimination enforcement and workplace adaptations, financial incentives alone risk pushing disabled individuals into insecure employment or economic hardship.
        3.    Conditionality and Reassessment:
        •    Assumption: Regular “support conversations” aimed at moving individuals towards work will be supportive rather than coercive.
        •    Critical Challenge: Past implementations of such conversations in the UK’s welfare system have led to punitive approaches and sanctions, particularly harming individuals with cognitive, mental health, or neurodivergent conditions. Without explicit safeguards, disabled people might experience increased anxiety, exacerbating conditions like ADHD, anxiety disorders, and bipolar disorder.

    Areas Negatively Impacting Disabled Individuals:
        1.    Financial Impact of Changes to PIP Eligibility:
        •    Introducing a threshold that requires at least four points in one daily living activity to qualify for PIP’s daily living element risks excluding individuals who face moderate barriers across several areas. This policy could disproportionately harm those with neurodivergent conditions like ADHD, who often experience widespread moderate impairments rather than severe issues in a single domain.
        2.    Reduction in UC Health Element for New Claims:
        •    The reduction in the health element of UC from £97 to £50 per week for new claims places significant financial pressure on disabled individuals. This may particularly disadvantage those recently diagnosed or newly disabled, including younger individuals, potentially causing financial insecurity and mental health deterioration.
        3.    Lack of Clarity on Workplace Adjustments and Employer Accountability:
        •    The reforms heavily focus on incentivizing individuals to seek employment but do not robustly address existing inadequacies around workplace adjustments or employer accountability. Without clear mechanisms to enforce employers’ legal obligations, disabled individuals remain vulnerable to workplace exclusion or exploitation.

    Disabilities Most Affected:
        •    Neurological and Psychiatric Disorders: Conditions such as ADHD, Autism Spectrum Disorder, Anxiety Disorders, Depression, Bipolar Disorder, and other fluctuating mental health conditions face particular risks from these reforms. These conditions often involve symptoms like executive dysfunction, sensory sensitivity, fluctuating energy levels, mood instability, and difficulties with routine tasks, none of which are easily captured by simplified assessments like PIP.
        •    Invisible Disabilities: Disabilities without visible markers or those that fluctuate are at high risk of being underestimated or ignored due to the simplified assessment criteria and increased conditionality.

    Hypothesized Impact on Neurological Disorders (ADHD, Bipolar Type 2):
        1.    ADHD:
        •    Individuals with ADHD commonly experience executive dysfunction, impairing their ability to manage benefits claims, attend mandatory support meetings consistently, and cope with additional administrative tasks. Increased conditionality, including mandated regular conversations, is likely to disproportionately penalize these individuals, potentially leading to sanctions or a complete withdrawal from support systems.
        •    Reduction in financial support risks exacerbating stress-related symptoms, reducing capacity to seek and maintain employment. The fear of losing benefit entitlements could discourage attempts at work due to worries about not managing job demands sustainably.
        2.    Bipolar Type 2 Disorder:
        •    Those with bipolar type 2 disorder experience periods of depression alternating with hypomania, with significant variability in their capability to work. A single assessment approach, as proposed with reliance solely on PIP, may fail to accurately reflect these fluctuations.
        •    The financial uncertainty from the reforms, including cuts to benefits, could aggravate symptoms, intensifying depressive episodes or triggering anxiety attacks, significantly reducing employability. The additional pressure from increased conditionality (e.g., mandatory “support conversations”) might exacerbate mental distress, discouraging engagement with the system.

    Recommendations to Mitigate Negative Impacts:
        •    Robust Safeguards Against Sanctions: Clearly define and strictly limit sanctioning for missed engagements, especially for those with neurological and psychiatric disorders.
        •    Tailored Support: Introduce explicit adjustments for conditions characterized by fluctuating or episodic symptoms, ensuring fairer assessments.
        •    Strengthened Employer Accountability: Enforce stronger compliance with reasonable adjustments, supported by clear legal frameworks and penalties for non-compliance.
        •    Enhanced Access to Mental Health and Neurodiversity-specific Support: Provide guaranteed access to tailored support services addressing executive functioning difficulties, mental health crises, and employment readiness.

    In conclusion, while the document articulates a pro-employment stance with positive intentions, it critically underestimates the complexity of certain disabilities, particularly neurological and mental health disorders. Without significant revisions, these reforms risk exacerbating financial insecurity, mental distress, and barriers to employment rather than alleviating them.
    • Thank you for your comment. Comments are moderated before being published.
      · 28 days ago
      @Paddy Good work Paddy. This needs sharing widely.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Paddy I'd rather feed the green paper to an industrial shredder along with steamer, reeves ,Kendal and McGowan 

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