The Department for Work and Pensions (DWP) has clarified the application of the new ‘Right to Try’ regulations, assuring claimants that beginning paid work or volunteering will no longer automatically result in fresh assessments for benefits such as Personal Independence Payment (PIP).
This legislation covers eight distinct claimant groups across Personal Independence Payment (PIP), Universal Credit (UC) with health-related elements, and New Style Employment and Support Allowance (ESA). Specifically, it protects those who have been assessed with Limited Capability for Work (LCW) or Limited Capability for Work Related Activity (LCWRA) under UC, as well as claimants in the Work Related Activity Group or Support Group under New Style ESA. The rules also apply to individuals receiving both UC and New Style ESA with a combined LCW or LCWRA assessment.
The ‘Right to Try’ regulations build on existing rules by ensuring that engaging in work or volunteering cannot on its own trigger a reassessment. This change intends to give disabled people and those with long-term health conditions greater confidence and security as they explore returning to work or volunteering.
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During a parliamentary exchange, Labour MP Vicky Foxcroft asked when decision-makers are required to initiate new assessments under these regulations. In response, Sir Stephen Timms emphasized the government’s commitment to preventing unnecessary reassessments solely based on starting work, reaffirming that staff cannot initiate new Work Capability or PIP assessments just because a claimant has begun paid or voluntary employment.
While the regulations prevent automatic reassessments due to work or volunteering, information about the nature of the work may still be taken into account in future assessments if it relates to an individual’s functional ability. Overall, ‘Right to Try’ strengthens protections for claimants, allowing them to test their work capabilities in a predictable and supportive environment without fear of losing benefits unnecessarily.