Forum Home → Discussion → Work capability issues and ESA → Thread
ESA and WRAC cut - what’s happening?
So we have this Backbench motion to pause planned cuts to ESA passed unanimously in House of Commons last Friday
and we have this Opposition day motion calling on government to reverse cuts to ESA and universal credit work allowances defeated in the House of Commons last Thursday
So is the cut to the WRAC of ESA going ahead or not?
I saw on social media last week some people getting very excited about the former, yet as I understood things, the latter means that the cut is happening regardless. Any ideas?
Yours confused of Stoke Newington….
Odd, isn’t it? I assume the 127-0 vote was only advisory.
Reading the debate, the gov’t appears to be talking-up this cut as ‘support’.
There will be a hardship fund and the flexible support fund and vaguely-referred-to third party support. In other words - take away statutory entitlement and replace it with hazily-defined and usually discretionary support if you end up really, really poor. And we like your face. And you say please. Nicely.
The passed opposition day motion records that the House agrees with the statement in quotes at the top of the rightsnet article - principally that the House “calls on the government to use the upcoming Autumn Statement to postpone the cuts to employment and support allowance work-related activity component ”
i.e. the commons have politely asked the government to delay when it chooses to commence ss15 and 16 of the Welfare Reform and Work Act - but that’s it. Up to the government whether it presses ahead or not.
Hi,
I’m just thinking about encouraging take up before this cut happens.
Am I right that the regs detailing the protection for existing ESA claimants have not been made yet?
I’m wondering for example if someone claimed ESA in March 2017 and had their WCA determination after the cut came in would they get the WRAG component?
Or would people have to claim ESA and be 14 weeks into their claim before April 2017 in order have the WRAG included?
Many thanks
Jane
Hi,
I’m just thinking about encouraging take up before this cut happens.
Am I right that the regs detailing the protection for existing ESA claimants have not been made yet?
I’m wondering for example if someone claimed ESA in March 2017 and had their WCA determination after the cut came in would they get the WRAG component?
Or would people have to claim ESA and be 14 weeks into their claim before April 2017 in order have the WRAG included?
Many thanks
Jane
Very good idea about a take-up campaign. I don’t think any regs have been issued as yet. As for the possible variations on the timing, or not, of the WCA, well best of luck Jane.
There’s also residual questions about how ESA sanctions will work (as WRAC is what’s cut at the moment, so are they going to seriously contemplate cutting the personal allowance?). Another heinous welfare reform, aka, and probably one of the most invidious.
ESA sanctions only removed the WRAC up to December 2012. Ever since then they’ve removed the personal allowance and left the WRAC in place. I assume a sanction from next April (or whenever this comes in) to a non-transitionally-protected claimant will, as with JSA, generally leave the claimant with nothing.
On the subject of TP, it’s interesting to note that although s15 of the 2016 Act contains in para 4 provision for transitional regs to be made protecting existing ESA claimants, s16 - which deals with the corresponding cut to UC’s WRA element - doesn’t specify the possibility of transitional regs there.
Phillip Allen
DCC Welfare Rights Service
ESA sanctions only removed the WRAC up to December 2012. Ever since then they’ve removed the personal allowance and left the WRAC in place. I assume a sanction from next April (or whenever this comes in) to a non-transitionally-protected claimant will, as with JSA, generally leave the claimant with nothing.
On the subject of TP, it’s interesting to note that although s15 of the 2016 Act contains in para 4 provision for transitional regs to be made protecting existing ESA claimants, s16 - which deals with the corresponding cut to UC’s WRA element - doesn’t specify the possibility of transitional regs there.
Phillip Allen
DCC Welfare Rights Service
Thanks Philip, I completely missed the change you reference in terms of the amount of the sanction.
I may be wrong but in terms of the current situation isn’t the sanction for an amount equal to the amount of the personal allowance rather than for the personal allowance itself? So if the claimant only has personal allowance and WRAC in payment then yes they would be left with the WRAC. But if the claimant has another source of income (e.g. Carers Allowance) then the component could be affected?