Choose from the options above for details of regulations and case law relating to the work capability assessment. You can search by activity, issue or health condition to find out more about the legal framework and how the Upper Tribunal has interpreted the law.

We hope that wcainfo will help advisers in assisting people to make a new claim for benefit on the basis of their incapacity for work, and in challenging decisions to refuse, or award a lower rate of, the benefit.

Note: in Autumn 2023, the Conservative Government launched a consultation on reform of the work capability assessment seeking views on proposals to remove, amend or reduce the points awarded in respect of four WCA activities - mobilising, absence or loss of bowel/bladder control (continence), coping with social engagement, and getting about (LCW only) - and to remove or amend ‘substantial risk’ provisions. In its November 2023 response to the consultation, the government confirmed that it intended to amend the LCWRA ‘substantial risk’ provisions, remove the LCWRA ‘mobilising’ activity, and reduce the points awarded for LCW ‘getting about’ descriptors, with reforms to be implemented for new claims from September 2025 onwards.

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