The Department for Work and Pensions has issued an update over the new Right to Try regulations, promising not to order new reviews and assessments for Personal Independence Payment claimants. The DWP's Right to Try legislation ensures that starting work or volunteering will not automatically trigger a benefit reassessment.
What is Right to Try?
The law applies to Personal Independence Payment, Universal Credit with a health element, and New Style Employment and Support Allowance. Right to Try strengthens existing regulations so that undertaking work or volunteering will not, on its own, lead to a reassessment of a benefit award.
In the Commons, Labour MP Vicky Foxcroft asked the Secretary of State for Work and Pensions under what circumstances a decision-maker is required to order new work capability and personal independence payment assessments under Right to Try regulations.
Government Response
Sir Stephen Timms replied: "This Government is committed to giving disabled people and people with health conditions the confidence that working will not trigger a reassessment and a potential loss of benefits."
He added: "Under the Right to Try regulations, staff cannot order a new Work Capability Assessment or Personal Independence Payment assessment solely because a claimant has started paid or voluntary work."
Who is covered?
Right to Try applies to people who get:
- Personal Independence Payment
- Universal Credit claimants assessed as having Limited Capability for Work
- Universal Credit claimants assessed as having Limited Capability for Work Related Activity
- New Style Employment and Support Allowance placed in the Work Related Activity Group
- New Style Employment and Support Allowance placed in the Support Group
- People receiving both Universal Credit and New Style ESA with a single LCW or LCWRA assessment outcome
That is eight groups of claimants in total. Right to Try makes it clear that undertaking work or volunteering will not automatically lead to a reassessment. It supports people to test their ability to work in a safe and predictable way, strengthening existing protections for people with disabilities and long-term health conditions. Information about work may still be considered in future assessments if relevant to functional ability.
