DWP's 'Right to Try' Work Rules for Benefits Face Major Overhaul Demands
The Department for Work and Pensions has been instructed to substantially revise its proposed 'Right to Try' policy for Universal Credit, Personal Independence Payment, and Employment and Support Allowance claimants. The Social Security Advisory Committee has conducted a statutory scrutiny of the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026, concluding that the current regulations lack sufficient clarity and could still discourage disabled people from exploring employment opportunities.
Committee Criticises Lack of Clarity in New Regulations
The Committee acknowledged that "a fear of reassessment represents a long-standing barrier preventing many disabled people and people with health conditions from taking steps towards work." While welcoming the Government's intention to address these concerns through the Right to Try policy, the Committee found the current drafting inadequate. The regulations as written do not provide the clarity or assurance needed to achieve their intended purpose, according to the Committee's assessment.
The main aim of the reform is to remove "starting work" as a specific trigger that automatically prompts a reassessment of a person's health-related benefits. This move aims to fulfil a 2024 manifesto commitment to provide claimants with greater financial security when entering the workforce. Official reports acknowledge that a long-standing fear of losing welfare support or facing unfavourable reassessments acts as a major barrier to work.
Concerns About Preparatory Activities and Claimant Protection
The Committee has raised significant concerns about whether initial activities to prepare for work could jeopardise people's benefit claims before they even secure employment. These activities might include:
- Attending training courses
- Developing interview skills
- Creating or updating CVs
- Sending off job applications
"Restricting the amendment solely to the removal of 'starting work' as a reassessment trigger does not address the broader framework within which work-related activities may still be used as evidence of changed functional capability," the Committee stated. Many claimants are likely to continue perceiving reassessment as a potential risk without clearly defined parameters governing how such preparatory activities will be treated.
Impact on Different Claimant Groups and Alternative Approaches
The Committee will investigate the potential impact on various claimant groups, including:
- Individuals with fluctuating conditions that vary day by day
- People whose limitations change depending on the type of work activities they undertake
- Those who only receive Personal Independence Payment, which has different reassessment triggers to Universal Credit and ESA
Alternative approaches being suggested include time-limited protections and clearer exemptions for low-intensity work. The DWP is being urged to provide more evidence to support the policy but remains committed to implementing these changes by April 2026 to meet its reform agenda deadlines. The Social Security Advisory Committee has promised to deliver its final report as quickly as possible to ensure the new policy provides meaningful protection for all disabled people seeking employment opportunities.
