The DWP appears to have adopted Reform UK welfare policy, having told Benefits and Work that disclosing guidance used by work capability assessment (WCA) assessors would lead to people committing crimes.
Last month Benefits and Work asked the DWP for “copies of any training or guidance issued to health assessors and/or DWP case managers in relation to the severe conditions criteria (SCC) for the work capability assessment.”
The SCC are currently used to identify claimants who should not be required to have repeat work capability assessments because of the severity of their condition. From April it will be used to decide which new universal credit claimants are eligible for the higher rate of the health element.
We are particularly interested to find out what staff are being told about how to interpret the word “constantly” in relation to the SCC.
However, the DWP have responded to our request by saying that the exemption “Section 31(1)(a) Law Enforcement” applies to our request.
This exemption to the Act applies if providing the information “would, or would be likely to, prejudice the prevention or detection of crime”.
The DWP have granted themselves an extra 20 days to decide whether the public interest in providing the information outweighs the risk in doing so.
What the DWP appear to be claiming is that disclosing the guidance would help people to make fraudulent claims.
Yet, in 20 years of making Freedom of Information requests, including many successful ones for training and guidance materials, this is the first time this exemption has been applied by the DWP.
And, at this very moment, anyone can download the 228 page WCA Handbook which contains guidance for assessors on the SCC at Appendix 8, though it now seems likely there is more which the DWP are not willing to reveal.
So, why now, after 20 years, has guidance and training become a secret?
We suspect the answer can be found in a Reform UK press conference in October of last year, when Lee Anderson MP claimed that he had “gamed” the benefits system for years when working for Citizens Advice.
At the same conference, head of policy Zia Yusuf said “incredibly, the assessment handbook is online” as he compared applying for sickness benefits to “doing your driving theory test and having the answers online for you”.
Reform have said they would end the publication of any such guidance. It seems that someone at the DWP has decided that taking the same line as Reform makes them look tough on fraud.
In reality, whatever guidance the DWP issue has no force in law. Ultimately the courts will decide the meaning of the word “constantly” in this context.
But an awful lot of people could miss out on benefits they are entitled to before a case gets to the higher courts, if assessors are acting on guidance that is wrong but claimants are unable to point that out to tribunals.
Benefits and Work will pursue this request through the legal system, if necessary. We’ll also be recommending that claimants who appeal an SCC decision ask the tribunal to obtain copies of guidance and training prior to the hearing.
