wcainfo

an adviser guide to work capability assessment regulations & case law

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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.

Wcainfo helps advisers assisting people to make a new claim for benefit on the basis of their incapacity for work, and challenging decisions to refuse, or award a lower rate of, the benefit.

Note: In March 2025, Work and Pensions Secretary Liz Kendall announced the publication of the Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper that includes proposals to abolish the work capability assessment with effect from 2028, instead linking the universal credit health element to eligibility for the daily living component of PIP, and replacing contributory employment and support allowance with a new non-means-tested benefit that is time-limited for everyone. However, in a written answer in December 2025, DWP Minister Sir Stephen Timms clarified that -

‘Work is continuing to determine the detail of how this reformed system would work and discussions are also under way with the Scottish Government about the interactions between the devolved and reserved systems. We will set out further details of the reformed system, and the timing of WCA abolition, once we are in a position to do so.’

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