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Proposed benefit changes and substantial risk specifically mental health

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3 days 16 hours ago #301855 by janerg63
Please could someone give me some advice. My understanding was that the Conservatives attempt to remove substantial risk from the WCA was found to be unlawful via the judicial review last December. Does anyone know what is likely to happen regarding substantial risk if the WCA does end in 2028 as proposed? I have read comments saying that those who have LCWRA due to substantial risk will be more likely to be reassessed pending the removal of WCA though I cannot find any information that confirms this. In any case I hope that claimants substantial risk will be protected with whatever changes do happen. This rule is a literal lifeline for those who have a risk to self though suicide. I did read that claimants with substantial risk may well not be allowed PIP in future if deemed a short term condition - along with cancer treatment and high risk pregnancy and as the PIP assessments takes over for the health element payments for LCWRA they would likely not get either payment. It is awful to see vulnerable people being put through all this worry about changes. I am worried sick about it and have very long term complex mental health difficulties.

Thanks in advance if anyone does know anything.

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3 days 7 hours ago - 3 days 7 hours ago #301915 by LL26
Hi janerg63,
At present it is difficult to know what the proposed benefits changes will actually mean. We will need to await the actual text of any new legislation. Nevertheless, I appreciate that this is very worrying, and uncertain.
I agree that the substantial risk paragraphs did provide a safeguard for those whose health problems didn't fit within the mainstream descriptors.
However, if (and of course it's only an idea at present) LCW and LCWRA tests fall within the PIP tests, if there is a general risk of harm, then you should score points. So, eg those with epilepsy may well be able claim they are 'unsafe' to cook, or bathe or go on journeys alone etc and providing there is a risk of substantial harm, even though the fits don't actually occur very often.
As soon as we get proper information we will publish this on B&W. Unfortunately until then every thing is just speculation.
Apologies that I can't help further.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 days 7 hours ago by LL26.
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2 days 18 hours ago #301945 by janerg63
Thank you for your reply and I hope that substantial risk linked to functional descriptors with PIP do protect as many as possible ( as with your example of epilepsy) .

I am very worried regarding substantial risk due to mental health difficulties (self harm / suicide risk) as my psychiatrist has said I have a significant risk of harm to self and will never be fit to work. A recent British Medical Journal article indicated there were 600 additional suicides as a result sickness benefits being more difficult to access due to changes to eligibility around 2013 and it’s predicted the new proposals would have a similar affect. I hope Mind and other charities will stand up to try to help all at substantial risk be that from physical or mental health issues. I believe it is wrong to try to class substantial risk as a category which they seem to be targeting for additional assessments whenever that may occur. I am really frightened and worried about this

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2 days 15 hours ago #301968 by Chris
Hi janerg,

I suffer with the same myself, having attempted 3 times in the past myself due to different issues - so I agree with you that mental health issues shouldn't be something they're targeting as such.

Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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