Source · Select Committees · Work and Pensions Committee

Recommendation 12

12 Not Addressed Paragraph: 54

Giving people sufficient time to gather relevant evidence for their claim could reduce the stress...

Recommendation
Giving people sufficient time to gather relevant evidence for their claim could reduce the stress involved for claimants and improve the quality of information available to the assessment provider. In turn this could lead to better initial decisions and reduce the number of Mandatory Reconsiderations due to either unreturned forms, or missing evidence. DWP should extend the deadline for returning ESA50, UC50 and PIP2 forms and accompanying evidence to two months.
Government Response Summary
The response discusses draft criteria focusing on claimants with severely disabling, lifelong conditions, reviews of guidance, covert surveillance, and informal observations, but does not address the recommendation to extend the deadline for returning forms.
Paragraph Reference: 54
Government Response Not Addressed
HM Government Not Addressed
Health assessments for benefits 11 health professionals to draw up a set of draft criteria that focus on claimants who have conditions which are severely disabling, lifelong and with no realistic prospect of recovery. These criteria were shared with several charities and their feedback was used to further develop its draft criteria, which do not focus on a claimant’s ability to work. Recommendation 16a: We recommend the Department reviews the guidance on carers’ and family members’ evidence to assess why they may still not be being given due weight, and confirm what action it will take to ensure assessment providers are following it correctly. (Paragraph 77) The Department agrees that carers and family members should be encouraged to attend and provide evidence at assessments, and this is reflected in the guidance for health professionals who conduct PIP and WCA assessments, such as the PIP Assessment Guide and the WCA handbook. The Department will review the health professionals’ guidance and training material, assess the evidence and work with the assessment providers to ensure compliance. Recommendation 16b: We also recommend the Government urgently investigate the use of covert surveillance by assessors, working with organisations that support claimants to establish whether this practice is widespread, and work with the assessment providers and contractors to ensure claimants are treated fairly and in line with the guidance. (Paragraph 77) The Department has looked into this issue which was raised by the committee, and all assessment providers strongly refute the suggestion that they undertake any covert surveillance or manipulate assessment centre environments to test a claimant’s functional ability. Health professionals are trained to treat claimants fairly and with respect and are professional clinicians who use their skills in history-taking, informal observation, and examination to provide an impartial, independent, and factual assessment back to DWP. Health professionals are trained to undertake consultations in line with departmental guidance and have no targets or incentives on outcomes for claimants, so have no reason to use covert surveillance. All completed assessments result in a report to the Department which supports the DWP decision maker in deciding entitlement to benefit. A copy of the assessment report completed by the health professional is available to claimants on request. All assessment providers are unaware of any instances where a claimant has reviewed their report and successfully identified covert surveillance being used during their assessment. Providers work in partnership with a wide range of customer representative groups and advocacy organisations, and covert surveillance has not been raised by any of these as a significant concern. Any complaints regarding the use of covert surveillance would be fully investigated and could be considered by the Independent Case Examiner, but there are no instances where the use of covert surveillance techniques have been identified. All assessment providers are committed to undertaking fair and independent investigations into all complaints and would work with the Department to review any examples raised by claimants, their representatives or the Work and Pensions Committee. 12 Government Response: Health assessments for benefits It should also be noted that informal observations are part of the suite of evidence used by DWP decision makers to help them determine entitlement to benefit. Informal observations are of importance to the consultation, as they can reveal abilities and limitations not mentioned in the claimant questionnaire, supporting evidence or during the history taking for the consultation. They may also show discrepancies between the reported need and the actual needs of the claimant.