In the longer term, a fulsome review of welfare is required to take account of the seismic shifts occurring in both the world of work and the country’s health. In the shorter term, however, fairness and rigour must be restored to the current system. To do this, we propose three core reforms as part of an emergency handbrake on spending:
Define what constitutes a non-work-limiting condition, grounding eligibility for health and disability benefits more firmly in demonstrable severity and sustained functional incapacity.
Apply this definition consistently at every decision point in the benefits application process, from GP certification through assessment, tribunal and reassessment.
Provide targeted health and employment support for those no longer eligible for long-term incapacity benefits, ensuring the emphasis is on strengthening pathways to recovery and work rather than simply withdrawing assistance.
These measures would moderate the growth of health-related welfare spending while improving the targeting of support – ensuring that long-term benefits are reserved for those who genuinely need them, and that others are better supported to recover, rebuild and return to work.
1. Define What Constitutes a Non-Work-Limiting Condition
In the first instance, government should more clearly define what constitutes a non-work-limiting condition. This should be based on the most up-to-date evidence about individual conditions and whether the evidence shows that, for most people with these conditions, work is beneficial. This would support assessors at each point in the benefits application process – application, assessment, appeal and reassessment – to decide whether a claimant with that condition is or isn’t eligible for benefits.
Government should start with conditions where the evidence is strongest but where objective assessment is hardest. People with conditions such as depression, anxiety and some musculoskeletal problems show clear benefits from being in work, but these conditions are often difficult to assess. This is because assessors often need to rely on self-reporting of symptoms, or because what might be in the best interests of the claimant in the long term (such as being in work) may not look like it at the time of assessment. This is where objective evidence is most needed and where evidence of what is “typical” for people with those conditions will help.
As a result of this reform, government would have a list of conditions that it considers typically non-work-limiting and not requiring additional cash support through PIP. For each of the conditions, a level of function would be described, compatible with work, that a person with a typical presentation of that condition might be expected to have. That Standard Functional Profile would also have a corresponding level of need, not requiring additional cash benefits, that a person with a typical presentation of that condition might be expected to have. Those with an atypical presentation or comorbidities could still qualify for benefits but they would have to provide additional evidence from a medical professional to qualify.
The Role of Good Work in Health and Recovery
Across a large and consistent evidence base, being in suitable work is associated with better physical and mental-health outcomes than prolonged worklessness for many people of working age. The World Health Organisation is clear that decent work supports good mental health and can contribute to recovery for people with mental-health conditions.[46]Link to footnote This applies not only to the general population but also to many people with common health conditions, particularly where work is safe, stable and appropriately adjusted.
The case is strongest for common mental-health conditions such as depression and anxiety. Consistent evidence shows that unemployment is associated with higher risks of psychological distress, while re-employment is associated with improvements in mental health.[47]Link to footnote Researchers and policymakers increasingly recognise employment not only as a meaningful outcome, but also as a critical component of recovery for people with serious mental-health conditions, including bipolar disorder and depression.[48]Link to footnote
A similar pattern is seen for many musculoskeletal and chronic-pain conditions. Evidence suggests that remaining in, or returning to, appropriate work is generally associated with better outcomes than long-term absence, particularly where adjustments are made to reduce physical strain and support recovery.[49]Link to footnote
Taken together, the evidence supports a clear conclusion: a number of common, often fluctuating conditions – including depression, anxiety and many forms of chronic pain – are frequently compatible with work.
Our polling suggests this would more accurately reflect where the public are on this issue. A majority of respondents say those with severe and clearly defined incapacity (such as mobility impairments or long-term heart or breathing conditions) should qualify for cash benefits, but the view that conditions should qualify for cash benefits weakens substantially for conditions perceived as treatable, fluctuating or compatible with work.
Figure 20
Public views reflect a clear distinction between conditions that should and should not qualify for cash benefits
Source: YouGov for TBI. Note: Rounding to 100 may cause slight discrepancies between figures and tables.
A welfare system is only as strong as the public support behind it: if confidence erodes, the social contract weakens. Creating a category of non-work-limiting conditions and applying this to incapacity and disability benefits aligns the system with public sentiment and protects support for those with severe and enduring conditions.
Incapacity Benefits: A Standard Functional Profile
UC health is an additional benefit, over and above standard Universal Credit, for those unable to work due to long-term illness. Eligibility is based on an individual’s ability to function – not their diagnosis – and is assessed against criteria set out in Schedule 6 of the Universal Credit Regulations 2013.[50]Link to footnote This includes descriptors of both physical and mental function that are critical to work, and claimants are scored on their ability to perform those functions, with higher levels of incapacity attracting a higher number of points (and therefore cash benefits).
Currently, assessment for incapacity benefits is based on self-reported symptoms, evidence and interview. However, for some conditions, where there is no validated test for diagnosis or where symptoms are self-reported, it can be difficult for assessors to determine objectively if a person’s condition genuinely limits their function and ability to work or not. For others’ conditions, it can be difficult for assessors to decide in the long-term interest of the claimant (in other words, that returning to or remaining in work would be beneficial) when the experience of the claimant in front of them presents as so painful or distressing in the short term.
To help assessors with these decisions, we suggest the use of Standard Functional Profiles for common conditions that are typically non-work-limiting. Standard Functional Profiles would be based on the most up-to-date evidence, setting out the level of function expected for a typical presentation of that condition. Where the evidence supports it, that level of function would be also considered compatible with work.
For the purposes of assessment, claimants with that condition would be legally presumed to possess the typical, uncomplicated presentation and score zero points for it in their WCA assessment – unless they could provide evidence to the contrary or had another diagnosed condition that could explain their functional impairment. This is what’s known as a rebuttable presumption: those able to prove they have an atypical presentation would be able to overturn the presumption at assessment or challenge it at appeal. This would ensure the system remains responsive to individual circumstances.
We suggest the initial focus is on conditions that have driven the recent growth in incapacity claims, where the evidence base for work compatibility is strongest and where it is most difficult to objectively determine function. This could include:
Mild to moderate depression and anxiety disorders
Stress-related and adjustment disorders
Attention deficit hyperactivity disorder (ADHD) and related neurodevelopmental conditions where evidence supports work compatibility
Non-specific low back pain and common musculoskeletal conditions
To ensure credibility, the Standard Functional Profiles should be developed by the DWP with formal input from an independent Work and Health Evidence Panel comprising occupational-health specialists, psychiatrists with expertise in common mental disorders, musculoskeletal experts, labour-market economists and senior DWP representation. The panel should publish transparent evidence reviews and be subject to periodic oversight.
We believe such changes could be made using secondary legislation only. The power to introduce presumptions of work capability is explicitly granted to the secretary of state under section 37(6) of the Welfare Reform Act 2012,[51]Link to footnote the primary legislation governing work conditionality for Universal Credit. In fact, the Universal Credit Regulations already create such presumptions for certain conditions; regulation 39(6), for instance, creates an irrebuttable presumption that someone has limited capability for work, for example when they are receiving treatment for cancer.
Disability Benefits: A Standard Needs Profile
PIP is a cash benefit to cover the additional costs associated with disability. Although it is not an “out-of-work benefit”, that doesn’t mean it has no impact on a claimant’s incentive to work. As illustrated earlier in this paper, in Figure 6, receipt of PIP reduces the financial benefit of being in work compared to being out, weakening the incentive to move from unemployment into employment.
Like UC health, eligibility is based on an individual’s ability to function – not their diagnosis – and is assessed against criteria set out in Schedule 1 of the Social Security (Personal Independence Payment) Regulations 2013. These criteria include descriptors of both physical and mental function critical to mobility and activities of daily living, with higher levels of disability attracting a higher number of points and therefore cash benefits.
Currently, claimants do not need a formal medical diagnosis to claim or receive PIP. Application requires only that a claimant state they have a functional impairment, that it has been present for at least the past three months and that they expect that functional impairment to last at least another nine months. A GP Fit Note is not required and while GP evidence can be requested, it is not mandated.
This can make it very difficult for assessors to objectively determine if a person’s condition truly limits function or not, especially if that assessment is carried out virtually as opposed to in person. To help assessors make more accurate assessments of a claimant’s function and therefore need, we suggest that medical evidence of both diagnosis and prognosis are mandated from a medical professional and that for some conditions (what we term “non-work-limiting conditions”) assessors use a Standard Needs Profile to determine need, rather than self-reporting.
The same list of non-work-limiting conditions identified by DWP and detailed above would apply to the PIP process – so in addition to having an associated Standard Functional Profile, each condition on the list would also have a Standard Needs Profile, describing the level of need typically associated with that level of function. For the purposes of PIP assessment, claimants medically diagnosed with a condition would be legally presumed to possess the typical, uncomplicated presentation of it.
Critically, however, this presumption should also be rebuttable. Those able to prove they have an atypical presentation – for example through a secondary care note or formal occupational-health assessment – would be able to overturn the presumption at assessment or challenge it at appeal. This would ensure the system remains responsive to individual circumstances.
To ensure credibility, the Standard Needs Profiles should be developed by the DWP with formal input from an independent Work and Health Evidence Panel comprising occupational-health specialists, psychiatrists with expertise in common mental disorders, musculoskeletal experts, labour-market economists and senior DWP representation. The panel should publish transparent evidence reviews and be subject to periodic oversight.
We believe such changes could be made using secondary legislation only. The primary legislation governing PIP is the Welfare Reform Act 2012, but the power to assess a claimant’s eligibility for PIP is delegated to the Social Security Regulations 2013 – secondary legislation. This is where Standard Needs Profiles could be described.
There is also a section in the primary legislation (Section 80 (4)(a)/b) that expressly permits regulations to require a claimant to provide information or evidence, and to dictate the way in which it is provided. This is where the mandating of medical evidence could be introduced.
Could the Emergency Handbrake Be Successfully Challenged Under Equalities Law?
TBI took independent legal advice from barristers on the proposals in this paper.
Their view is that the emergency handbrake is unlikely to be successfully challenged under equalities law as it is supported by a clear and robust evidence base.
As the proposed policy differentiates eligibility based on medical diagnosis, it would lead to different outcomes for claimants. However, the key test under human-rights discrimination law is whether the policy itself can be objectively justified – not whether it results in differential impacts.
In practice, equalities law permits such distinctions where they pursue a legitimate aim and are proportionate. It does not require support to be the same across conditions, but does require any differences in treatment to be properly justified.
The justification rests on setting out a clear rationale, supported by evidence. This includes the fiscal pressure from rising welfare expenditure, evidence that work can lead to better outcomes than long-term benefit receipt and research indicating that this is particularly true for some conditions. It would also draw on the greater subjectivity and diagnostic complexity associated with certain conditions.
Provided this is clearly articulated and embedded in the policy rationale and decision-making process, the risk of a successful challenge is low.
2. Apply This Consistently at Every Decision Point
Having more clearly defined non-work-limiting conditions, this should be applied consistently across the key gateways in the benefits process: GP certification, assessment, tribunal and reassessment.
Figure 21
An emergency handbrake of welfare reforms would deliver a system-wide reset of how eligibility is interpreted and enforced
Source: TBI
Gateway 1: GP Certification
Currently, there are different processes involved in applying for UC health and PIP.
To apply for UC health, claimants must have a GP Fit Note, declaring they are medically unfit for work – but it is not necessary for the GP to specify the medical reason, whether the claimant has initiated treatment or how long the condition is expected to last for.
To apply for PIP, claimants are not required to provide any medical certification, but they do need to certify that they have a disability, that they have had it for three months and that they expect to have it for at least a further nine months.
We propose that the application process for both is standardised and aligned. In particular, the provision of medical evidence for application and assessment should be mandated, with a requirement that claimants provide certification from an NHS GP or consultant setting out:
The claimant’s medical diagnoses
The severity of those conditions (in particular, if the claimant has a non-work-limiting condition, additional evidence would be required to demonstrate at assessment that their individual circumstances are exceptional)
The treatments tried and currently used
The length of time the claimant has had those conditions
The expected prognosis for those conditions
For UC health, this shifts the application process from a dependence on subjective assessment of work capability to a clinical and objective certification of diagnosis and prognosis. It also applies a duration requirement that stops short-term, fluctuating illnesses escalating into long-term incapacity status.
For PIP, this process shifts the application process away from a dependence on self-reported symptoms to a more objective and evidence-based process.
This recommendation falls short of abolishing the GP Fit Note entirely, as a Fit Note is still required for people to present to their employer when they are in employment but unable to work due to ill health. The GP Fit Note would no longer be required to apply for incapacity.
Guidance should be issued by the Department of Health & Social Care, informed by a Work and Health Evidence Panel, clearly setting out the certification requirements, durability threshold, evidentiary indicators of sustained functional limitation, and the distinction between diagnosis and work capability. The obligation to provide structured clinical certification should be formalised within the GP contract and properly funded, replacing the current discretionary, low-value model.
Delivery should be supported through standardised digital forms embedded in primary-care systems, targeted training on applying the durability framework and clear escalation routes for complex cases. The intention is not to turn GPs into work-capability assessors. Their role remains clinical: confirming diagnosis, treatment and prognosis. The determination of work capability remains with the formal assessment process. But entry into long-term incapacity benefits should be grounded in structured, evidence-based clinical certification rather than informal or open-ended judgement.
Gateway 2: Assessment
The assessment process for incapacity benefits and disability benefits is different.
Incapacity Benefits
Eligibility for UC health is assessed at a WCA. This is a functional assessment designed to elicit the extent to which an individual’s medical conditions affect their capacity to work. Assessors rely on a combination of written evidence and claimant interviews to make this assessment, and claimants score points against a set of descriptors set out in secondary legislation. Claimants are then classified as either LCW or LCWRA:
Limited Capacity for Work (LCW): Scores of up to 15 points classify claimants as LCW, which means they may not be able to work right now but they are able to job seek and are likely to be well enough to work soon. This does not typically qualify them for any money (unless their claim started before April 2017, in which case they qualify for £158 per month).
Limited Capacity for Work and Work-Related Activity (LCWRA): Claimants with 15 points or more, with a particularly high level of functional impairment, are categorised as LCWRA. This entitles them to a payment of the LCWRA “extra amount”. This extra amount is paid at either a higher rate of £430 per month, or a lower rate of £217 per month, depending on the claimant’s situation. There are also other ways to be classified as LCWRA – for instance, a claimant can qualify for the higher rate of the LCWRA extra amount if they also have a lifelong medical disease or disablement that has been diagnosed by an NHS medical professional.
Under our proposed reforms, any claimant citing a non-work-limiting condition (even if it were part of a group of conditions) would be presumed to possess the typical, uncomplicated presentation of that condition and score zero points for it in their WCA assessment. It would be up to the discretion of the assessor to change that functional assessment if qualifying functional impairment were observed in the assessment. If the functional impairment were the result of a non-work-limiting condition, the assessor would have to cite objective medical evidence of severity. If the functional impairment were the result of another condition, the assessor should record this in the assessment and justify reasoning.
Where possible, claimants citing a non-work-limiting condition should be prioritised for face-to-face assessment to enable a more complete and accurate evaluation. The government has already signalled its intention to increase face-to-face assessments to 30 per cent for both PIP assessments and WCA.[52]Link to footnote This is a positive step, but it should go further by committing to face-to-face assessments for any claimant whose primary condition is classified as non–work-limiting, or who is claiming solely on that basis.
A separate but simple recommendation would be to end curtailment. Curtailment allows assessors to terminate assessments early if eligibility for the higher tier of UC health is already established. This creates a perverse incentive to find in favour of the higher tier because, while assessors are salaried, throughput targets and reporting cycles create structural pressures to prioritise speed over depth. Removing curtailment would ensure all assessments are completed in full, with decisions taken only once the complete evidential picture has been established.
Disability Benefits
Eligibility for PIP is assessed at PIP assessment. This is a functional assessment designed to ascertain the extent to which an individual’s disabilities impact their mobility and their ability to conduct daily activities. For both the daily-living component and the mobility component, claimants require eight points to obtain the standard rate and 12 points to obtain the enhanced rate.
Under our proposed reforms, any claimant citing a non-work-limiting condition would be subject to higher thresholds of evidence.
Gateway 3: Tribunals
Tribunals for both incapacity and disability benefits should remain a fully independent safeguard within the claims process, but they are currently functioning like a backdoor to the system. To restore integrity, they need to operate within a clear and more consistent evidentiary framework aligned with the new system principle.
At present, there is significant divergence between initial assessment decisions and tribunal outcomes – around 50 per cent of WCA appeals and around 70 per cent of appeals for PIP succeed. This does not necessarily reflect poor decision-making at either stage. Rather, it suggests a lack of sufficiently clear and structured guidance on how evidential thresholds should be interpreted and applied.
Where evidential standards are not consistently framed across the system, appeal can become a routine extension of primary assessment rather than a safeguard of last resort. This increases delays, adds administrative cost and weakens confidence in the coherence of the overall process.
Tribunals are judicial bodies that review administrative decisions. Government cannot instruct them how to decide cases, and it cannot mandate either outcomes, reasoning or training in a directive way. However, it can support greater alignment by clarifying the evidentiary framework that underpins decision-making.
Greater consistency could be achieved by embedding the application of Standard Functional and Standard Needs Profiles for common conditions within tribunal guidance, alongside the existing evidence on how different levels of functioning relate to work capability and daily-living needs. These profiles would act as a structured reference point for decision-making. Where panels depart from these baseline assumptions, they should set out explicitly how the evidential threshold for severity, durability and functional limitation has been met.
In parallel, a formal feedback mechanism should be established to capture patterns in tribunal reasoning across both incapacity and disability benefits and feed these insights back into assessment practice and policy design. This would help improve consistency and decision quality across the system while fully preserving tribunal independence.
Gateway 4: Reassessments
Reassessment is the system’s primary exit point, but it has become infrequent and, in many cases, light-touch. As a result, claimants with temporary, fluctuating or improving conditions can remain on benefits well beyond the point at which a return to work is possible. What is intended as support for sustained incapacity risks becoming indefinite status through administrative inertia.
Reform must therefore address not only the inflows but also the existing stock of claimants. Long-term entitlement should be sustained only where ongoing severity and functional limitation are demonstrable. Regular reassessment should be restored at scale and re-established as a normal feature of the system, with frequency varying by condition.
For conditions such as depression, anxiety and work-related exhaustion, most respondents in our polling favour reassessment every three to six months, while preferring longer intervals for severe or long-term conditions. The public distinguishes between conditions that are likely to change and those that are not – and it expects the system to do the same.
Figure 22
Views on reassessment frequency vary by condition, with support for shorter intervals for some conditions and longer intervals for others
Source: YouGov for TBI
The same presumption applied at entry should apply at reassessment. For conditions typically compatible with work, reassessment should begin from the expectation that work is possible and require updated evidence that severity and durability thresholds continue to be met. Reviews should explicitly consider changes in treatment, prognosis and functional capacity since the original award.
Reassessment should be targeted and proportionate. Conditions that are fluctuating or treatable, or where recovery is clinically plausible, should be prioritised for more frequent review. By contrast, severe and enduring conditions should be subject to longer award periods, reducing unnecessary reassessment while maintaining system credibility.
Across both incapacity and disability benefits, reassessment should be re-established as a routine and expected part of the system, rather than an irregular or administrative exercise. Current practice is inconsistent, with many claimants remaining on support without regular review. Intervals should be more systematically defined, with shorter review periods for conditions where Standard Functional Profiles indicate compatibility with work, and longer periods for severe and enduring cases.
At each reassessment, the presumption of capability should be reapplied where appropriate, requiring updated evidence that the claimant continues to meet the threshold for sustained functional limitation. Guidance and decision-making frameworks should be updated to ensure that reassessment actively tests continued eligibility, rather than passively rolling awards forward. While the legislative frameworks differ between incapacity benefits and PIP, both systems allow for substantial improvement through clearer guidance, more structured review processes, and stronger alignment between clinical reality and award duration.
3. Targeted Health and Employment Support for People No Longer Eligible for Benefits
Tightening eligibility for UC health will mean that some individuals who might previously have entered the incapacity system will instead remain on standard Universal Credit. Where a condition does not prevent work, this is the correct outcome.
But it brings a responsibility. If the state expects people to remain connected to work, it must provide meaningful support to help them do so. For many claimants, health conditions sit alongside structural challenges: weak labour-market attachment, skills gaps, child-care constraints or limited local job opportunities. Health can become a proxy for deeper economic disconnection. Addressing this requires a twin-track response: a targeted package of health support and broader socioeconomic support.
In considering the cost of these interventions – both the proposed health and employment support – the government should consider the benefits expected to accrue to the Treasury. The government’s own research shows that each person who re-enters employment from health-related unemployment saves the Treasury around £18,000 per year in lower benefits and higher tax revenue.[53]Link to footnote Any intervention that costs less than this delivers a net saving to the state.
It is also worth considering public attitudes to these reforms. Polling shows that when presented with a choice, most of the public (76 per cent) favours structured mental-health-treatment support over expanded long-term cash payments for anxiety and depression. Reform must therefore combine firmer eligibility rules with serious investment in recovery.
A Health Support Package
Where a condition is judged not to be enduring but likely to improve with treatment, the system should move swiftly to provide that treatment. Early intervention is associated with better clinical outcomes and a higher likelihood of sustained return to work.
The government should therefore commission, at scale, evidence-based interventions targeting the conditions that have driven recent growth in incapacity claims. These should include:
For common mental-health conditions: rapid-access digital and in-person mental-health provision
For musculoskeletal conditions: structured physiotherapy and pain-management programmes
For obesity: broader access to weight-management services, with the ability to prescribe GLP-1-type drugs
Access to these interventions should be integrated into the UC journey, with referral pathways triggered at the point an individual does not qualify for long-term incapacity benefits. The objective is not simply to reduce benefit receipt, but to reduce the underlying health barriers that prevent sustained employment.
A Socioeconomic Support Package
Alongside health treatment, those no longer eligible for the health element of Universal Credit will also need employment support. If the government is going to draw clearer boundaries around access to cash benefits, then it must also invest in credible pathways back to work. Such support must address the structural barriers that often underpin worklessness: health is rarely the only reason people struggle to find and retain work – so health programmes alone will not help people back into work.
Delivery of such support programmes should be locally led, reflecting the needs of communities and labour markets, but central government can contribute too. We suggest the government introduce digital support for claimants that augments the role of the employment advisor. This could help claimants understand how their skills map onto the current job market and identify the courses that would add value to their employability locally.
Government should encourage local areas to innovate to maximise impact and could even explore the use of financing mechanisms like social-outcome funds. Central government should set the framework but not prescribe the model. Health and employment services should operate in parallel, not sequentially, so that treatment and labour-market support reinforce one another.
Support cannot wait for every element of wider reform to be settled. Just as fiscal pressures require immediate action, so too does the need to provide practical help to those with conditions compatible with work. Health and socioeconomic support pathways are both currently underdeveloped or absent in many areas; building them now would provide immediate assistance while also generating the evidence and infrastructure needed for more fundamental redesign.
The Political Opportunity in Successful Reform
Taken together, these reforms would restore clarity at assessment, discipline in decision-making and proportionality in support. They would re-establish the principle that long-term incapacity benefits are reserved for demonstrable and sustained functional limitation, while investing seriously in recovery and return to work. But reform is not only an administrative challenge. It is a political one.
The areas of consensus identified in our polling around fairness, flexibility and clear expectations sit alongside a more sobering finding: a deep and pervasive lack of trust in political leadership.
Public confidence in political parties’ ability to reform welfare is limited and dispersed. No single party commands clear trust on the core tests voters apply – controlling costs, supporting people with mental-health conditions or improving employment outcomes. Many voters see a system that is not working as it should. But they currently do not yet see a political actor capable of fixing it.
Figure 23
Public perceptions of party strengths on welfare are fragmented
Source: YouGov for TBI. Note: Rounding to 100 may cause slight discrepancies between figures and tables.
Yet this fragmentation also creates an opportunity. Because no party currently commands public confidence on this issue, there is space for political leadership that can combine moral clarity with administrative credibility. The public appetite for reform is real and geographically widespread.
To succeed, reform must therefore command consent not only at the level of principle, but in its application. Voters need confidence that changes will be fair in practice, that those who genuinely cannot work will be protected; that support will be better tailored to help people recover and progress; and that clear boundaries will be enforced where the system is open to misuse. Fairness, in the public mind, runs in both directions – to those who depend on the system and to those who fund it.