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Benefit law: Incapacity benefit reassessment test 'flawed' and 'degrading'

In April this year, the Government rolled out reassessment tests for people claiming incapacity benefit, a nationwide shake-up that affected around 1.6million people.

The test aims to place those deemed fit to work into a "work programme" scheme, while those who are not fit to work are to be given a new benefit called the Employment and Support Allowance.

But the results of the reassessment showed that nearly 40% of claimants were deemed fit to work, leading some to claim that the Government's reasons behind the test were simply "to save money".

Of those deemed fit to work, some 370,000 people appealed the decision during 2010-11 and around 40% of appeals were found in favour of the claimant.

One man, Larry Newman, was deemed fit to work through the new reassessment tests. But his wife Silvia claims that the medical test was not carried out properly and the report was full of glaring mistakes.

The report advised that Mr Newman could return to work within the next three months. Sadly, he died before the three-month period ended.

Mrs Newman is now making a complaint against Atos, the company that owns the contract for carrying out the tests. She wants to know why her husband was deemed fit for work, when he clearly was not.

Charity Disability Alliance claims they are regularly contacted by people who describe the tests as "extremely degrading and humiliating".

They said: "The Government's aim of helping benefit claimants back into work is laudable, but the scale of the challenge should not be underestimated and nor should the level of anxiety which surrounds the process. People are suspicious that the Government's only objective is to save money."

Another charity, Rethink Mental Illness, believes that for many claimants, the idea of being considered fit to return to work, and having their benefits removed, was extremely stressful and for some people it even made them "feel suicidal".

The Work and Pensions Committee published a report admitting that it was "widely accepted" that the test was "flawed", and that the Government accepted that refinements need to be made.

The Department for Works and Pensions state: "The assessment is about helping people who can work get back into employment, and we have been clear that disabled people who need unconditional support will receive it.

"It is vital that we also support people who were written off to a lifetime on benefits into jobs and our new Work Programme will help them overcome the barriers they face to get back into work."

Related links:
Read more on the story (Channel 4 News)
Find out how to appeal against a benefits decision (FindLaw)
Find local specialist solicitors throughout the UK (FindLaw)