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Two win sickness benefit test legal challenge | Two win sickness benefit test legal challenge |
(35 minutes later) | |
Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge. | Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge. |
A judge ruled the Work Capability Assessment puts people with mental illness, autism and learning difficulties at a substantial disadvantage. | A judge 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 process is too difficult for many to navigate, a court heard. |
The Department for Work and Pensions has said it will appeal the decision. | The Department for Work and Pensions has said it will appeal the decision. |
Work Capability Assessment tests, which measure a person's entitlement to Employment and Support Allowance (ESA) by determining whether they are fit for work, were introduced in 2008 and are carried out on behalf of the government. | |
The law requires the government to make reasonable adjustments to avoid discrimination. | The law requires the government to make reasonable adjustments to avoid discrimination. |
Vulnerable claimants | |
At Wednesday's hearing, the Upper Tribunal - which is equivalent to the High 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. | |
The judgment was the result of a judicial review brought by two claimants with mental health problems, whose identities have been protected. | |
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. | |
Almost 20,000 people are assessed each week for ESA - including those moving over from the old benefit system of Incapacity Benefit (IB) - according to figures from Mind. | |
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. |