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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, 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. |
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. | |
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. | |