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Two win sickness benefit test legal challenge Two win sickness benefit test legal challenge
(36 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. Work Capability Assessment tests, which measure a person's entitlement to Employment and Support Allowance, 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, including doctors reports, needed for a successful claim.
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. Lawyers for the two, whose identities have been protected, 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.
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.