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Citizens Advice welcomes new legal ruling on WCA

22 Mai 2013

Two people with mental health problems have won a legal challenge against government tests for sickness benefit.

Commenting on the ruling, Gillian Guy, Chief Executive of national charity Citizens Advice said:

"After years of campaigning on behalf of people subjected to unfair sickness benefit tests, Citizens Advice welcomes a new legal ruling that finds parts of the Work Capability Assessment (WCA) fails to make reasonable adjustments for people with mental illness, learning disabilities and autism.

"As a Citizens Advice recent report recommended, using claimants medical evidence to get Employment and Support Allowance (ESA) decisions right first time, is vital to the well-being of vulnerable people and the taxpayers pocket.

"DWP should grasp this opportunity to proactively request medical evidence and not rely on claimants to submit it themselves at an average cost of £35 out of their weekly benefit of £71.70 a week.  This will also save on costly appeals tribunals where more than a third of all ESA decisions that go to appeal, are overturned. This challenge was brought under the Equality Act - it's great to see the Act in action and making a real difference to people's lives."

Notes to editors:

  1. The Citizens Advice service comprises a network of local bureaux, all of which are independent charities, the Citizens Advice consumer service and national charity Citizens Advice. Together we help people resolve their money, legal and other problems by providing information and advice and by influencing policymakers. For more see the Citizens Advice website.
  2. The advice provided by the Citizens Advice service is free, independent, confidential, and impartial, and available to everyone regardless of race, gender, disability, sexual orientation, religion, age or nationality.
  3. To find your local bureau in England and Wales, visit citizensadvice.org.uk. You can also get advice online at adviceguide.org.uk
  4. You can get consumer advice from the Citizens Advice consumer service on 03454 04 05 06 or 03454 04 05 05 for Welsh language speakers
  5. Citizens Advice Bureaux in England and Wales advised 2.3 million clients on 5.4 million problems from October 2013 to September 2014. For full 2013/2014  service statistics see our quarterly publication Advice trends
  6. Citizens Advice service staff are supported by more than 21,000 trained volunteers, working at over 3,000 service outlets across England and Wales.