End To Repeat WCAs – Many Mental Health Claimants Will Miss Out
With many thanks to Benefits And Work.
The criteria that the DWP are using to decide which claimants will no longer have to have repeat work capability assessments (WCAs) in order to continue receiving employment and support allowance (ESA) or universal credit have now been published. They show that many claimants with mental health conditions will not be considered, even though they are in the support group.
Substantial risk
Last week the government announced that claimants who have to attend a WCA from 29 September 2017 will not have to have repeat assessments if they meet certain, at that time undisclosed, criteria.
However, Disability Rights UK, who took part in the consultation on the changes, have published copies of the guidance on their website.
The documents make it clear that claimants who are placed in the support group because their mental health condition means that there would be a substantial risk to themselves or someone else if they were not placed there, will not be considered for exemption from further medicals.
This is in spite of the fact that the substantial risk regulations are a very common ground for claimants with mental health conditions being placed in the support group.
Detailed criteria
Instead, claimants can only be considered if they are in the support group because of one of the “functional descriptors” due to either a physical or mental health condition. These are are:
- Mobilising 50m
- Transfer independently
- Reaching
- Picking up and/or moving
- Manual dexterity
- Making yourself understood
- Understanding communication
- Weekly incontinence
- Learning tasks
- Awareness of hazards
- Personal actions
- Coping with change
- Engaging socially
- Appropriateness of behaviour
- Unable to eat / drink / chew / swallow / convey food or drink
Claimants will also need to show that all of the following apply:
- Their condition will last for the rest of their lives.
- The effect of their condition means that they will always meet at least one of the support group descriptors above. The DWP say that conditions which might qualify, include: “Motor Neurone Disease (MND), severe and progressive forms of MS, Parkinson’s, all dementias, all chromosomal conditions, Huntington’s, severe irreversible cardiorespiratory failure, severe acquired brain injury …this list is not exhaustive” . The DWP also say that conditions which might not meet the criteriainclude “recently diagnosed relapsing non-progressive forms of MS or some people with less severe mental health conditions with periods of reasonable function”.
- There is no realistic prospect of recovery, such as a transplant.
- They have been diagnosed with an unambiguous medically recognised condition. This can include conditions such as ME/CFS and fibromyalgia.
No appeal
A health professional will make a recommendation as to whether a claimant meets the criteria for being exempt from further WCAs. A DWP decision make will make the final decision.
There is no right of appeal against a decision not to exempt a claimant from further WCAs
Same Difference 
Fake ‘Charity’ Disability Rights UK are being BRIBED directly by the DWP for all of this total “Improper Performance” –
year ended 31/3/16 – Disability Rights UK got
£204,500 from the DWP (bis and Disability Action Alliance)
Click to access 0001138585_AC_20160331_E_C.pdf
KERCHING
more £££ here –
http://apps.charitycommission.gov.uk/Showcharity/RegisterOfCharities/DocumentList.aspx?RegisteredCharityNumber=1138585&SubsidiaryNumber=0&DocType=AccountList
The Bribery Act 2010 –
http://www.legislation.gov.uk/ukpga/2010/23/contents
—
eg.
Here is what the DWP;s OWN Medical Protocol (Science) says about PTSD –
Quote –
“The slow recovery times show that, for purposes of disability assessment,
***TWO-YEAR*** reassessments, up to a ***6-YEAR MAXIMUM***, are indicated
Click to access Adjustment%20Disorders%20and%20PTSD.pdf
More of their “Evidence Based Medicine” Protocols
here –
https://www.whatdotheyknow.com/request/all_ebm_protocols
and here –
https://www.whatdotheyknow.com/request/atos_healthcare_the_evidence_bas
––
http://medical-dictionary.thefreedictionary.com/protocol
protocol [pro´to-kol]
a detailed written set of instructions to guide the care of a patient or to assist the practitioner in the performance of a procedure.
a written plan specifying the procedures to be followed in giving a particular examination, conducting research, or providing care for a particular condition.
Medspeak-UK
A local policy or strategy which defines appropriate action and guides how an activity should be performed.
––
http://medical-dictionary.thefreedictionary.com/indication
indication [in?di-ka´shun]
a sign or circumstance that points to or shows the cause, treatment, or some other aspect of a disease.
a reason to prescribe a medication or perform a treatment.
The basis for initiation of a treatment for a disease or of a diagnostic test.
a sign or circumstance that points to or shows the cause, treatment, etc. of a disease
—-
Fraud Act 2006 –
http://www.legislation.gov.uk/ukpga/2006/35/contents
Misconduct in Public Office –
http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/
UN Convention on the Rights of Persons with Disabilities – Articles
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html
Criminal Justice Act 1988 –
Torture
http://www.legislation.gov.uk/ukpga/1988/33/part/XI/crossheading/torture
.
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As DWP criminal filth say themselves –
“Making yourself understood”
Clearly I am completely unable to do that with public sector abusing swine.
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do you honestly think these devils will if one does then you got more to learn off these devils jeff3
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Hi Jeff, true.
What a bunch of corrupt lowlife bribed scum fake charities like Disability Rights UK (Disability Wales, Inclusion London etc are).
How come BS’ers ‘Benefits And Work’ *still* haven’t even heard of the Fraud Act, or any other criminal offence?
“There is no right of appeal against a decision not to exempt a claimant from further WCAs”
Total garbage –
“No appeal – A health professional will make a recommendation”
If the criminal quack is not a medical doctor then just calling itself a “health professional” is a criminal offence (no change there then) –
Medical Act 1983 –
Penalty for pretending to be registered –
http://www.legislation.gov.uk/ukpga/1983/54/section/49
Penalty for pretending to hold a licence to practise –
http://www.legislation.gov.uk/ukpga/1983/54/section/49A
and that means Fraud and Misconduct in Public Office too, at the very least.
–
If at *any* of your previous assessments the criminal abusers have done anything wrong to you eg. – their “health professional” BS or lies in reports – whatever…
then *anything* else they do is Intimidation, that’s –
Perverting The Course of Justice –
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/
Criminal Justice and Public Order Act 1994 –
Witness Intimidation –
http://www.legislation.gov.uk/ukpga/1994/33/section/51
Criminal Justice Act 1988 –
Torture
http://www.legislation.gov.uk/ukpga/1988/33/part/XI/crossheading/torture
So, call the Police. (BS there’s “No appeal”)
–
Of course it’s all ‘Vulnerable Adult Abuse’ from those sick criminal nonces…
Care Act 2014 –
Safeguarding adults at risk of abuse or neglect –
http://www.legislation.gov.uk/ukpga/2014/23/section/42/enacted
For Wales – Social Services and Well-being (Wales) Act 2014
(126 Adults at risk)
Click to access anaw_20140004_en.pdf
So, call Social Services. (BS there’s “No appeal”)
–
Of course it’s all “Grave and Systematic Human Rights Abuse” from those sick public sector criminal swine.
UN Convention on the Rights of Persons with Disabilities – Articles
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html
So, report it to The United Nations (BS there’s “No appeal”)
–
http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Contact.aspx
For individual complaints:
Petitions Team
Office of the High Commissioner for Human Rights
E-mail: petitions@ohchr.org
Committee on the Rights of Persons with Disabilities (CRPD)
Human Rights Treaties Division (HRTD)
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson – 52, rue des Pâquis
CH-1201 Geneva (Switzerland)
E-mail: crpd@ohchr.org
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As well as the – Committee on the Rights of Persons with Disabilities (CRPD)
I found – The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment –
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
Similar contact info as for reports of Disabled Human Rights Abuses –
http://www.ohchr.org/EN/HRBodies/CAT/Pages/Contact.aspx
———–
Committee against Torture (CAT)
Human Rights Treaties Division (HRTD)
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson – 52, rue des Pâquis
CH-1201 Geneva (Switzerland)
Mailing address
UNOG-OHCHR
CH-1211 Geneva 10 (Switzerland)
Tel.: +41 22 917 98 86
Fax: +41 22 917 90 08
E-mail: cat@ohchr.org
For individual complaints
Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10 (Switzerland)
Fax: + 41 22 917 9022 (particularly for urgent matters)
E-mail: petitions@ohchr.org
————
Remember that once those UK Government sickos have committed ONE offence against you then NOTHING (that isn’t stuffing their criminals in prison) do against you is “Lawful”.
Perverting The Course of Justice –
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/
And how many times have you heard UK Government nonces whining about ‘just doing their jobs’?
Article 2 –
“3. An order from a superior officer or a public authority may not be invoked as a justification of torture.”
————
So that’s –
petitions@ohchr.org
and
crpd@ohchr.org (for Disability Human Rights Abuses)
and
cat@ohchr.org (for DWP/Atos/Maximus/Capita Torture)
———–
~Oh and try putting the link to UN Convention on the Rights of Persons with Disabilities Articles as a comment on dpac or black triangles websites and see just how rapidly those two fake ‘DPO’s delete it.
Looks like the UN came to their conclusion DESPITE whatever watered down, edited, manicured BS they got from dpac, black triangle and their UK Government BRIBED fakers like DRUK, Disability Wales, Inclusion London etc…
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Reblogged this on campertess.
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