Sick to the back teeth

You can hardly open a newspaper or switch on the telly these days without reading or hearing about changes to sickness benefits. There’s no doubt about it that reforming sickness benefits is at the forefront of the welfare reform agenda – but what do the changes mean in practice for people who are claiming sickness benefits or are not able to work? Roddy Samson from Granton Information Centre gives a brief update of the changes so far…

What is it?

Employment Support Allowance (ESA) is a welfare benefit which was introduced in October 2008. All new claimants who are unable to work due to illness or disability (including mental health problems) are placed on ESA. The intention is to support people to access appropriate work, with a greater emphasis on what claimants are able to do. ESA has replaced Incapacity Benefit (IB) and Income Support (IS) paid on the grounds of incapacity. The government plans to review everyone on IB for suitability for ESA by March 2014. The review process started in October 2010.

How are people assessed for ESA?

The ESA assessment process usually takes around 13 weeks, but can be longer. During this period the claimant will undergo:

  • A work capability assessment (WCA)
  • A work-focused interview

The ESA work capability assessment is carried out by a health care professional contracted by the Department for Work and Pensions at the local assessment centre in York Place. It is designed to assess whether the claimant is capable of work or capable of work related activity.

  • If they are assessed as incapable of work-related activity they are placed in the ‘support group’ and receive ESA.
  • If they are assessed as capable they are placed in the ‘work-related activity group’ and receive ESA. People in the ‘work-related activity group’ are expected to undertake work-related activity as a condition of continuing to receive the full amount of ESA.

The Work Capability Assessment

This assessment applies to most claimants and determines whether or not they remain on ESA.

For this test you are assessed on your ability to carry out 17 listed physical or ‘mental, cognitive and intellectual’ activities. Points are awarded on the basis of your limitations with respect to each activity. These points are totalled up and if the total reaches the threshold of 15, you are deemed to have limited capability for work and thus stay on ESA.

Within each type of activity there is a list of descriptors with associated scores ranging from 0 to 15. The descriptors describe related tasks of varying degrees of difficulty. You score when you are not able to perform the activity described. Though more than one descriptor may apply to you, you can only pick up one score from each type of activity; in each case whichever scores the highest.

If you score 15 in any one activity, you automatically pass the test. If your score is less than 15, it can be added to the scores you pick up from any of the other types of activity (in both the physical and the mental parts of the test). If your total score reaches 15, you pass the test.

The physical activities

The physical functions in the limited capability for work test are grouped into 10 different types of activity. These are:

  • Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
  • Standing and sitting.
  • Reaching.
  • Picking up and moving or transferring by the use of the upper body and arms.
  • Manual dexterity.
  • Making self understood through speaking, writing, typing, or other means normally used, unaided by another person.
  • Understanding communication by both verbal means (such as hearing or lip reading) and non-verbal means (such as reading 16 point print) using any aid it is reasonable to expect them to use, unaided by another person.
  • Navigation and maintaining safety, using a guide dog or other aid if normally used.
  • Absence or loss of control leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used.
  • Consciousness during waking moments.

The assessment takes into account your abilities when using any aid or appliance you would normally use.

The mental, cognitive and intellectual activities

These functions in the limited capability for work test are grouped into sets of activities under the following 7 headings:

  • Learning tasks.
  • Awareness of everyday hazards (such as boiling water or sharp objects).
  • Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
  • Coping with change.
  • Getting about.
  • Coping with social engagement due to cognitive impairment or mental disorder.
  • Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.

Appeals

If the claimant is assessed as capable of work then they do not qualify for ESA. They can appeal this decision. If they appeal they can continue to receive the basic allowance of ESA until a decision is made on their appeal by a tribunal. Recent government figures show that appeals against ESA decisions are more successful if you have an experienced representative.

  • Between April 2010 and April 2011 114,000 ESA appeals were heard by independent tribunals in the U.K.
  • Of these 38% were successful
  • However when the person appealing had professional representation this figure rose to 67%.

It’s important to remember that if you get a decision about your benefits that you’re not happy with you should seek advice as soon as possible as strict time limits apply if you wish to challenge them. Granton Information Centre provides free, impartial advice, assistance and representation on all benefit and tax credit matters.

Drop in sessions (Granton Information Centre):

Monday & Wednesday: All HOUSING issues: 9.30 – 12.30

Tuesday & Thursday: BENEFITS & MONEY ADVICE issues: 9.30 – 12.30

Outreach:

Tuesday: 10.00 – 1.00 CREWE MEDICAL CENTRE

(Only for patients of Crewe Medical Centre)

Tuesday: 2.00 – 4.00 MUIRHOUSE MEDICAL GROUP

(Only for patients of Muirhouse Medial Group)

Home visits and appointments may be available on request.

Telephone/Fax: 0131 552 0458, 134 – 138 West Granton Road, Edinburgh, EH5 1PE

National Award for Granton Information Centre

Granton Information Centre has received the prestigious Scottish National Standards certificate for the quality of their information and advice provision at a reception at the City Chambers.

GIC is the first Edinburgh organisation – and one of only a few advice agencies in Scotland – to achieve the award at this level, and their certificate was presented by Sheriff Principal Edward T Bowen QC.

The certificate presentation was the centrepiece of an event organised to celebrate the success of EHAP (Edinburgh Housing Advice Partnership), a consortium set up to provide housing advice services across the city in a contract with the city council. The consortium partners – Granton Information Centre, Community Health and Information (CHAI), Move On and FourSquare – offer a comprehensive range of housing advice services to the people of Edinburgh. EHAP provides a prison outreach project, a schools peer education service for S4 and S5 school leavers, housing advice in local neighbourhood settings and also provides representation at court – both for pre-prepared cases and also through an ‘emergency first aid’ service for people who turn up at court without representation. The EHAP event offered an opportunity to reflect on what has been achieved so far and to look ahead to future challenges.

Frances Durie and the staff team of Granton Information Centre receive their award. (Pic: Dave Pickering)

Welcoming delegates, Councillor Paul Edie (Chair of the Health, Social Care and Housing Committee) said: “Homelessness is something I’m very passionate about and I’m very proud of this council’s record. In Scotland, we have an obligation to eradicating unintentional homelessness by 2012 – not something that applies south of the border – and I think that’s a sign of what a progressive country Scotland is and how our social conscience reflects on public policy”.

He went on: “This council has a very radical strategy to tackle homelessness, developed in partnership with our colleagues in the voluntary sector and rolled out over the last couple of years. Critical to that strategy has been the provision of good quality ‘right first time’ housing advice to our service users. I’m really proud that last year homelessness dropped by 13% in Edinburgh, and EHAP are very important players in that strategy. No less than 99% of people who have used EHAP have not subsequently gone on to present themselves as homeless – that’s a jaw-dropping statistic; in any walk of life if you get that level of satisfaction rating you’d be entirely happy. I’d like to thank our EHAP partners for the great work they are doing to stop people losing their homes – a terrible thing to happen to anyone – and I wish you every success in the year ahead”.

One of Sherriff Principal Bowen’s responsibilities is to ensure ‘the efficient dispersal of Sherriff Court business’ and he explained that, while criminal cases take up the bulk of time at the court, civil business – including housing cases dealing with evictions and repossessions – take up a considerable amount of court time. He said that many of these cases could and should be resolved before they ever reached court, but added that there was also a need for suitable advice provision when cases did come to court.

“A recent review found that there is a need for proper advice – there remains a significant unmet need – and the EHAP service is critical to providing assistance prior to cases coming before the court system; providing there is a proper input by way of advice at an early stage, housing disputes can be resolved. The court needs to have confidence that suitable advice is available, so the service that EHAP provides is critical to the function of Edinburgh Sherriff Court. That’s demonstrated by the figures EHAP has provided for 2010 -11. We are indebted to all those involved in providing the EHAP service, which is widely acknowledged to be highly effective, and it gives me great pleasure to recognise that expertise by the presentation of these certificates today”.

Frances Durie, vice-chairperson of Granton Information Centre, received the award on the project’s behalf. She said: “This is a really tremendous achievement and a great honour for Granton Information Centre. Our staff have worked very hard over a long period to achieve the levels of professionalism that they have, and it’s good that this effort has been rewarded. We’ve always known that people coming to Granton Information Centre will get the highest standard of independent advice available anywhere, but it’s nice to receive wider recognition for the quality of our advice work”.

Granton Information Centre (GIC) provides free, impartial and confidential advice and assistance on a range of issues including welfare benefits, housing advice, tax credits and debt. If you would benefit from any advice you can visit them at their surgeries as per the details below.

Drop in sessions (Granton Information Centre):

Monday & Wednesday: All HOUSING issues: 9.30 – 12.30

Tuesday & Thursday: BENEFITS & MONEY ADVICE issues: 9.30 – 12.30

Outreach:

Tuesday: 10.00 – 1.00 CREWE MEDICAL CENTRE

(Only for patients of Crewe Medical Centre)

Tuesday: 2.00 – 4.00 MUIRHOUSE MEDICAL GROUP

(Only for patients of Muirhouse Medial Group)

Home visits and appointments may be available on request.

To find out more please contact them on 0131 552 0458, 134 – 138 West Granton Road, Edinburgh, EH5 1PE

Roddy Samsun (GIC)