“Right to Try” now in law – key changes for disabled benefit claimants
New legislation laid in April 2026 removes significant barriers for disabled people and those with health conditions who want to try work or volunteering without fear of immediate benefit loss.
The changes are brought in by The Social Security (Restrictions on Amounts for Failure to Comply with Work‑Related Requirements) (Amendment) Regulations 2026 (SI 2026/395) and underpin the Government’s new “Right to Try” policy announced by the Department for Work and Pensions on 9 April 2026.
What has changed?
The Regulations amend existing benefit sanction rules so that trying work or volunteering is no longer treated as a failure to comply with work‑related requirements for disabled claimants and those with health conditions. This removes the risk of automatic sanctions or immediate financial penalties where a claimant attempts work but cannot sustain it.
Alongside this, the Government has confirmed that entering work or volunteering will not automatically trigger a benefit reassessment. This protection applies to claimants receiving:
- New‑style Employment and Support Allowance (ESA)
- Personal Independence Payment (PIP)
- Universal Credit (UC) health elements (LCW and LCWRA)
This marks a significant shift away from a system where claimants often avoided work for fear that any attempt could jeopardise their existing entitlement.
Volunteering explicitly protected
For the first time, legislation explicitly guarantees that volunteering will not lead to sanction or reassessment. This responds to long‑standing concerns from advisers and claimants that informal activity, confidence‑building or community involvement could be misinterpreted as evidence of work capability.
What has not changed
Advisers should note that:
- These rules do not prevent reassessments that are already due from going ahead
- Claimants must still report changes of circumstances, and normal earnings rules continue to apply
- The protections relate specifically to trying work or volunteering, not to permanent changes in capacity or circumstances
Why this matters
DWP research shows that 37% of disabled people who want to work are held back by fear of losing their benefits. The “Right to Try” is intended to remove that fear by providing legal protection if work does not work out.
The changes form part of a wider programme of welfare reform, backed by £3.5 billion in tailored employment support by the end of the decade, aimed at supporting sick and disabled people into suitable and sustainable work.
Adviser takeaway
Advisers can now:
- Reassure disabled clients that trying work or volunteering is safer than before
- Support clients to test what they can manage without immediate risk of sanction
- Encourage gradual or tentative steps towards work where appropriate
This is a significant cultural and legal change, and advisers should consider how it affects ongoing work‑focused conversations, conditionality advice, and claimant confidence.