Work Capability Assessment: Slavery

(asked on 29th January 2019) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether victims of modern slavery are exempt from the requirement to take an annual work capability assessment; and if she will make a statement.


Answered by
Sarah Newton Portrait
Sarah Newton
This question was answered on 4th February 2019

Ending modern slavery is one of this Government’s top priorities, and we are sensitive to the challenges faced by victims. We have worked with the Salvation Army to improve the service provided by DWP to victims. The purpose of the Work Capability Assessment (WCA) is to assess the impact of mental and physical health conditions, including any resulting from being a victim of modern slavery on a person, so that the right level of benefit and support can be provided. There are no exemptions from being assessed for those claiming Employment and Support Allowance (ESA), or Universal Credit (UC) due to illness or disability. In addition to completing the application form or forms people or those supporting them are encouraged to provide additional evidence, including medical reports, to support their claim. If it is possible for the assessor to provide advice to the decision maker without requiring the claimant to attend a face-to-face assessment, they will do so.


The WCA is not an annual assessment. Re-referral dates can be up to 24 months for those found to have limited capability for work, and up to 3 years for those found to have limited capability for work-related activity. Furthermore, from 29 September 2017 those placed in ESA’s Support Group and the UC equivalent who have the most severe and lifelong health conditions or disabilities, whose level of function would always mean that they would have Limited Capability for Work and Work-Related Activity, and be unlikely ever to be able to move into work, will no longer be routinely reassessed.

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