Judge rules incapacity benefit cuts consultation ‘misleading’

A high court judge has ruled that Labour’s ambitious plan to cut £3bn from incapacity benefits was misleading and unlawful.  

This ruling could have a big impact on the future of the proposed reforms. 

What’s the background? 

The consultation was carried out in 2023 by the previous Conservative government to get more disabled and long-term sick people back into work. 

Despite being drawn up by the opposition, Labour pushed ahead with plans to reform work capability assessments (WCA) as they want to see more people employed. 

What happened? 

The high court says that the Department for Work and Pensions (DWP) didn’t make it clear that their main goal was to save money.  

According to the court, the consultation also didn’t mention that 424,000 disabled people would face benefit cuts – with some losing £416 a month – while internal estimates suggested that 100,000 vulnerable individuals might be pushed into absolute poverty. 

The eight-week consultation period was also deemed too short for such big changes. 

Voice of concern 

Ellen Clifford, a disability activist who started the legal ball rolling, said the cuts seemed to be prioritised over the lives of disabled individuals. 

She’s urged the government to reconsider and focus on people’s wellbeing. 

The government's response 

Labour plans to publish a green paper soon. Critics argue that the proposals are more about cost-saving than genuine employment opportunities. 

A spokesperson confirmed the government will “re-consult on WCA descriptor changes” and address the shortcomings appropriately. 

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