Category: Political ideology

PR firms are becoming more powerful, but good journalism still prevails – John Jewell

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Recent articles about the public relations firm Bell Pottinger are a stark reminder of the power and pervasiveness of PR in today’s fragmented media landscape.

Source: PR firms are becoming more powerful, but good journalism still prevails – John Jewell

The compliance framework: Concentrix’s ‘reign of terror’ and ever-decreasing tax credits

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A US outsourcing company, Concentrix, which was awarded a £75m contract by Her Majesty’s Revenue and Customs (HMRC) – the department responsible for collecting taxes and paying out certain benefits – has been accused of exercising a “reign of terror” over people who claim tax credits.

The private company was contracted to “reduce fraud and error” in the tax credit system, and to carry out “compliance checks” in a bid to save the government money. More than 500 civil servants have been deployed to help the private company resolve problems it caused by stopping people’s tax credit payments. This includes tax credit awards for the children of both in work and out of work parents, as well as child care payments.

The company has issued an apology for failures that have left many people with no benefit payments for up to two months, leaving them without money for essentials. The US firm has been accused of “incorrectly” withdrawing tax credits. 

Officials from HM Revenue and Customs told a committee of MPs that a breakdown in customer services at Concentrix had resulted in only 10% of calls being answered on some days.

Many thousands of people had their tax credits stopped after Concentrix said they were making “fraudulent claims”. In what can at best be described as Kafkasque taunting, one poor woman was told she was in a relationship with a chain of newsagents, another with the philanthropist and poverty researcher, Joseph Rowntree, (who died in 1925,) according to a BBC report. A teenage single mum receiving tax credits was told she was married to a dead pensioner, after having her child tax credit withdrawn. Another mother was told she was living with the previous tenants of the house that she had lived alone in for two and a half years with her son, after her child tax credit was also withdrawn. 

It’s difficult to conceive that these allegations could possibly have been made in genuine error. Mumsnet, an online forum for parents, has had over a thousand comments from parents who received letters from Concentrix demanding evidence out of the blue that they live alone. This was just on one page of ten on the site about the unreasonable demands for “compliance” that the company has been making of parents.

Many have been forced to print off documents like utility bills which were online, or pay for numerous backdated bank statements, to provide endless evidence of their circumstances. This is a costly process for people who need additional support in the first place, and many had already had their payments ended. The main reason for “compliance checks” has been suspicion of an “undisclosed partner,” challenging the legitimacy of a single claim, based on other data indicating that another adult is living at the address. 

In October 2010, HMRC and the Department for Work and Pensions released a joint error and fraud strategy. As a result, HMRC increased its compliance activity across the tax credits system and introduced the use of data from credit reference agencies to inform compliance decisions. Through this process, single claims were identified where there was an indication that there may be a second adult living with the claimant – an “undisclosed partner”. However, credit reference agency data is notoriously unreliable.

Compliance

The “compliance framework” is a government method of preempting and preventing “non-compliance”, based on data collection and “analysis” by private companies that are hired by the public service sector. Instead of being “reactive” and acting after a “transaction”, the private companies are using “insights” to calculate “high risk” claimants. Ultimately, the aim is to cut costs, “through real-time auditing and prevention of fraud and error, agencies can collect the right amount of taxes to help ensure the right people receive the benefits they deserve.” (My bolding).

And: “Services can be embedded in processing functions to prevent non-compliance.” 

The rationale: “Struggling with increasing demand for services amid widespread economic constraint, human services organizations face a major dilemma—how to minimize costs while improving services and ensuring accurate benefit distribution.

By using analytics, forward-thinking human services organizations are rising above this challenge. They are preventing, detecting and mitigating transactions where there is error, fraud or abuse. And they are using information gleaned from analytics to significantly reduce operating costs and drive business results.” (From: Accenture Intelligent Processing Services).

I’ve discussed elsewhere that the increasing use of a narrative of “objectivity” and emphasis on “analytics”, detachment and quantification, associated with small state ideology and austerity, tends to place some social groups at a psychological distance from administrators, and objectifies them, as if people claiming support because they can’t work, or because their wages are low and exploitative, are a homogenous group of people, bound by characteristics rather than circumstances in a context of political decision-making.

It becomes easier to disassociate from someone you view “objectively” and to distance yourself from the impact of your calculated and target-led decision-making, constrained within a highly political framework. Such an objectification of a person or group of people serves to de-empathise us, which is a key characteristic requirement of neoliberal ideology, embedded in inhumane “small state” policy and extended via administrative (and outsourced, privatised) practices. It leaves us much less likely to relate to the circumstances, emotions or accept the needs and choices of others. Such interactions become much more open to bureaucratic abuse and political exploitation.

The Institute for Fiscal Studies (IFS) have previously undertaken research into the costs of compliance on individuals, and their report refers to the time, money and psychological costs that are being imposed on applicants for, and recipients of, benefits and tax credits and on others by meeting all the various rigid requirements placed on them by social security and tax credit law and statutory authorities.

However, this study was undertaken before the Conservatives increased conditionality and compliance requirements further, in the radical Welfare Reform Act 2012. The burdens on those needing welfare support have grown substantially since the research was completed. (See: Understanding the Compliance Costs of Benefits and Tax Credits. )

Some of the people affected gave emotional testimonies, as they told the work and pensions select committee that they had been forced to borrow money and go to food banks as a result of the hardship caused by Concentrix’s actions.

The committee was told that of the 45,000 payments stopped, nearly 15,000 had appealed so far and that “90% – 95%” had been successful in overturning the decision.

HMRC officials said they first became concerned of problems at Concentrix in August when they started receiving reports that only 10% of calls were being answered within five minutes – the target was 90%.

Jon Thompson, chief executive of HMRC, said “a collapse in basic customer service” had occurred caused by too few staff being on hand, and that he’d personally taken the decision not to renew Concentrix’s contract. It ends in March next year.

Frank Field, the chair of parliament’s work and pensions committee, has said that a company’s “reign of terror” over tax credit recipients will be drawing to a close, after HMRC decided not to renew its contract.

On Thursday, the work and pensions committee heard from claimants who wrongly had their tax credits stopped and suffered the distress and humiliation of having to borrow money or visit food banks to feed their children.

The committee also heard that, at the height of the crisis, only 1% of the calls being made to Concentrix were actually being answered.

The committee issued a comment on the “extraordinary” evidence it heard, from four single parents who had wrongly had their tax credits stopped, senior staff from Concentrix, including senior Vice President Philip Cassidy, and HMRC, including Chief Executive and Permanent Secretary Jon Thompson.

Claimant humiliation and appalling customer service

The Committee heard about:

  •  The humiliation of claimants who were forced to borrow money from friends and family in order to feed their children as they were left without benefits, to which they were ultimately found to be entitled, for up to seven weeks
  • Appalling customer service which saw claimants calling up to 70 times to get through as just 1% of calls were answered by Concentrix at the height of the crisis. One claimant finally waited 90 minutes to speak to a Concentrix adviser on an 0845 number, at great personal expense
  • Appeal success rates of 73% according to HMRC or 90-95% according to Concentrix; either way a terrible indictment of the original decision-making process
  • Refunds to claimants taking place over a series of months. In one case, a single mother lost housing benefit because a refund of wrongly withdrawn tax credits took her over an income threshold. Others will have taken on debts in the meantime
  • Repeated buck-passing between Concentrix and HMRC, who signed the contract, as to who was responsible
  • HMRC Permanent Secretary Jon Thompson was unable to explain what had gone wrong and why
Committee to seek clarifications from Concentrix and HMRC

The Committee has agreed to write to both Concentrix and HMRC demanding urgent information regarding:

  • How the performance of Concentrix was monitored by HMRC
  • Levels of staffing at Concentrix, in particular during August 2016, and the training provided to staff
  • Steps HMRC will take to compensate claimants, ensure they are not further disadvantaged, and review decisions taken by Concentrix
  • Assurance that Concentrix will not be compensated for HMRC taking much of their responsibilities back in-house

The Committee also plans to issue a report into the scandal.

Chair’s comment

Frank Field MP, Chair of the Work and Pensions Committee, said:

“The Committee was astonished by the extraordinary evidence we heard. From Concentrix we saw a company desperately out of their depth and unable to deliver on the contract awarded to them by HMRC. From senior HMRC officials we saw a palpable disregard for the human implications of this gross failure of public service. From the tax credit claimants we saw dignity in the face of appalling and traumatic experiences.

We have no doubt that many people similarly affected have been unable to come forward. I welcome HMRC’s swift action on the Concentrix contract, but that does not excuse them for ever having allowed this to happen.”

You can listen to the work and pensions committee meeting about the Concentrix and tax credits controversy here: https://goo.gl/q0mGiR

 

See also:

The government’s tax credit Claimant Compliance Manual

Tax credits: undisclosed partner interventions – Child Poverty Action Group


I don’t make any money from my work. But you can help by making a donation and support me in continuing to research and write informative, insightful and independent articles, and to provide support to others. I’m disabled because of my illness (lupus) and  co-run support groups for other disabled people going through the assessment and appeals processes. The smallest amount is much appreciated – thank you.
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Government guidelines for PIP assessment: a political redefinition of the word ‘objective’

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Thousands of disabled people have already lost their specialist Motability vehicles because of Conservative PIP cuts and many more are likely to be affected.

Personal Independence Payment is a non means tested benefit for people with a long-term health condition or impairment, whether physical, sensory, mental, cognitive, intellectual, or any combination of these. It is an essential financial support towards the extra costs that ill and disabled people face, to help them lead as full, active and independent lives as possible.

The Department for Work and Pensions (DWP) have issued a guidance document for providers carrying out assessments for Personal Independence Payment (PIP), which was updated last month. It can be found here: PIP Assessment Guide.

The DWP Chief Medical Officer states that this is a supplementary guidance, in addition to “the contract documents agreed with providers as part of the commercial process, providing guidance for health professionals [HPs] carrying out assessment activity and for those responsible for putting in place and delivering processes to ensure the quality of assessments.”

Words like “fair”, “quality”,  “support”, “reform” and even “objective” have been given a very subjective, highly specific Conservative semantic make-over, to signpost and reference a distinctive underpinning ideology, and to align them with neoliberal and New Right anti-welfare discourse and outcomes, over the last five years.

There is some preemptive dodging of criticism and patronising get-out clauses in the document, for example: “It must be remembered that some of the information may not be readily understood by those who are not trained and experienced HPs.”

This comment is indicative of the lack of transparency in the terms, conditions and process of assessments, and how they are generally carried out. It also emphasises the professional gap between the “health professional” employed by the state to carry out the “functional capacity” assessments in the context of a neoliberal welfare state, and medical health professionals, whose wider work is generally not directly linked to the politically defined conditionality of welfare support.

If you fundamentally disagree with any of the approach outlined in the content of the document, or the policy, it’s because you “fail to comprehend it”, simply because you haven’t trained as a HP. 

I had no idea that HPs are the only people who can work out policy outcomes and who recognise government cuts, small state ideology and general cost-cutting measures for what they are, despite the thumping Orwellian semantic shifts and language use that is all about techniques of neutralisation (where the rhetoric used obscures or “neutralises” the negative aims and harmful consequences of the policy.)

Firstly, the HPs are not so much “health professionals”, but rather, “re-trained disability analysts.” Their role entails assessing the impact of illness and disability on the “functional capacity” of individuals in direct relation to justification or refusal of a PIP award only. Furthermore, it is the decision of the HP to “determine whether any additional evidence needs to be gathered from health or other professionals supporting the claimant.”

Often at the appeal stage, it turns out HPs frequently decide not to ask for further evidence.  The DWP must take all medical evidence into account when making a decision about PIP claims. Yet the DWP say: “In many cases, appeals are granted because further medical evidence is provided.” 

However, neither HPs nor the DWP decision-makers contact people’s GP or other professionals for more information about their health condition very often. This indicates that people are having to go to court, often waiting months for their appeal to be heard, because of deliberately under-informed, poorly evidenced DWP decisions. 

Furthermore, it says in the government guidance to GPs:  “Your patient should complete the forms to support their [PIP] claim using information that they have to hand, and should not ask you for information to help them do this, or to complete the forms yourself.” 

It seems that the DWP are determined to continue making ill-informed, medically unevidenced decisions as long as they can get away with it. 

The ‘functional’ assessment

From the document: “The assessment for PIP looks at an individual’s ability to carry out a series of key everyday activities. The assessment considers the impact of a claimant’s health condition or impairment on their functional ability rather than focusing on a particular diagnosis. Benefit will not be paid on the basis of having a particular health condition or impairment but on the impact of the health condition or impairment on the claimant’s everyday life.”

This process of assessment, however, is a very speculative one, with inferences drawn from seemingly unrelated questions and assumed circumstances, such as “do you have a pet?” This translates into “can bend from the waist to feed a cat/dog” on the HP’s report to the DWP.

During examination, people are asked to perform a series of movements, and inferences are drawn from these regarding the performance of day to day tasks. The movements bear no resemblance to ordinary day to day tasks, nor do they take into account the use of aids and adaptations that people may use to carry out daily tasks.

Furthermore, the person being assessed isn’t presented with the assumptions drawn from the examination and questions, which means they are not provided with an opportunity to verify any claim made by the HP, or to say if they can manage to feed their pet “reliably, safely and consistently”, or if their family have to feed the animal for much of the time. 

From the document: “The HP should check the consistency of what is being said by using different approaches, asking questions in different ways or coming back to a previous point. When considering inconsistencies, HPs should bear in mind that some claimants may have no insight into their condition, for example claimants with cognitive or developmental impairments.”

I know of a lady who wore a gold locket. It was simply assumed at her assessment that despite her extremely arthritic fingers, and information about her pain and the lack of movement in her hands from her GP, that she had sufficient dexterity to fasten and unfasten the clasp. Had she been asked, she would have informed the HP that she never took the locket off, even in the shower. 

This approach – “checking for inconsistencies” by using indirect questioning and assumption is NOT “objective”. It is a calculated strategy to justify a starting point of disbelief and skepticism regarding the accounts provided by ill and disabled people about the impact of their conditions and disabilities on their day-to-day living. As such, it frames the entire assessment process, weighting it towards evidence gathering to justify refusing awards, rather than being “objective”.

It’s simply a method based on side-stepping and discounting people’s own accounts and experiences of their disability, and any medical evidence submitted to verify that.

This approach is also mirrored in the Work Capability Assessment, reflecting Conservative cynicism and prejudice towards sick and disabled people. (See: What you need to know about Atos Assessments – it provides a good overview from a whistle-blower of how responses to seemingly casual observations and apparently conversational questions are re-translated into “inconsistencies” which are then used to justify refusing a claim.)

The introduction of PIP was framed by New Right anti-welfarism

Secondly, “PIP is replacing Disability Living Allowance (DLA), which has become outdated and unsustainable. The introduction of PIP will ensure the benefit is more fairly targeted at those who face the greatest barriers, by introducing a simpler, fairer, more transparent and more objective assessment, carried out by health professionals” [All boldings mine].

In other words, PIP is aimed at cutting welfare costs and support for people who would previously have been eligible for Disability Living Allowance (DLA). We are told that it’s no longer possible as a society to support all disabled people who need help with the additional costs that they face simply because they are ill and disabled, so the government propose to establish those “with the greatest need” by using a more stringent assessment process, which is claimed to be fair and more “objective”.

A recent review led the government to conclude that PIP “doesn’t currently fulfil the original policy intent”, which was to cut costs and “target” the benefit to “those with the greatest need.” That originally meant a narrowing of eligibility criteria for people formerly claiming Disability Living Allowance, increasing the number of reassessments required, and limiting the number of successful claims.

Controversially, the cuts to disability benefits (including the £30 per week cut from those claiming ESA in work related activity group) will fund tax cuts for the most affluent – the top 7% of earners. The chancellor raised the threshold at which people start paying 40p tax, in a move that will probably see many wealthier people pulled out of the higher rate of income tax. Osborne said he wanted to “accelerate progress” towards the Conservative’s manifesto pledge of raising the threshold for the 40p rate to £50,000 in 2020. 

Prior to the introduction of PIP, Esther McVey stated that of the initial 560,000 claimants to be reassessed by October 2015, 330,000 of these are targeted to either lose their benefit altogether or see their payments reduced. Of course the ever-shrinking category of “those with the greatest need” simply reflects a government that has made a partisan political decision to cut disabled people’s essential income to fund a financial gift to the wealthiest citizens. There is no justification for this decision, nor is it “fair.”

Fiona Colegrave, who is chief medical adviser, clinical governance and in charge of training for PIP at Capita, says: “As a disability assessor (DA), you are required to assess objectively how someone’s health conditions affect them and submit a report that is fair, reliable and can be justified with evidence because, if necessary, it may need to be scrutinised through an appeals process.

For these reasons, it is essential we equip DAs with the skills required to manage the assessment process, including: time management; questioning techniques; non-advocacy; collating all available evidence and identifying contradictions; and using an analytical but empathetic approach.

It is important for DAs to establish a rapport with the claimant, so that claimants feel like they have been able to express, in their own words, how their disability affects them and so they know that a DA will produce a report that accurately reflects their functional ability.”

Only “feel like”? Feedback from “claimants” says that DAs do NOT accurately reflect their “functional ability” in reports. And note the reductive use of the word  “claimant” – language use that places the other at a psychological distance from the author and administrators, objectifying them, as if people claiming PIP and other benefits are a homogenous group of people, bound by characteristics rather than circumstances, in a context of political decision-making.

It becomes easier to disassociate from someone you view “objectively” and to distance yourself from the impact of your calculated and target-led decision-making, constrained within a highly political framework. Such an objectification of a person or group of people serves to de-empathise us, which is a key characteristic requirement of neoliberal ideology, embedded in inhumane “small state” policy and extended via administrative (and outsourced, privatised) practices. It leaves us much less likely to relate to the circumstances, emotions or accept the needs and choices of others.

Surely a considerable part of our experience of being objectively diagnosed as ill and/or disabled, in any case, is a person’s subjective experience of it, rather than categories and counts; quantifiable, reductive and speculative statements about how we may perform highly specific tasks.

Quantitative medical evidence is important, because it does often give a general indication of conditions that would entail loss of function. But considering medical evidence isn’t a central part of the assessment process. Whether or not we can perform certain tasks, and inferences drawn from that are the central considerations for PIP eligibility.

Many conditions “fluctuate” – they vary so much that it’s difficult to assess performance of specific tasks consistently. Many conditions become progressively worse at a varied pace, often leaving little scope for a person developing coping strategies and adapting their everyday lives to the changes as they happen, such as a progressive loss of mobility, cognitive impairment, mood changes, anxiety, depression, sleep disruption and other psychological impacts, and the increasing pain and fatigue that they may experience.   

If the process were genuinely “fair, accurate and objective” then there would be no need for mandatory reviews and scrutiny through the appeals process. The introduction of the mandatory review – another layer of bureaucracy and a barrier to justice, where the DWP decide whether their first decision should be changed – has deterred many from appealing wrong decisions.

Those making the decisions about PIP awards are: “trained DWP staff who are familiar with the legislation governing PIP, but who do not have a healthcare background. The HP enables CMs to make fair and accurate decisions by providing impartial, objective and justified advice.

The PIP assessment is geared towards looking for “inconsistencies” in “functional limitations”. For example, if you say you can’t sit unaided for half an hour, but then say that you watch soaps on TV, it will be assumed you sit unaided for at least half an hour to watch TV, and that will be classed as a “discrepancy between the reported need and the actual needs of the claimant.”

The whole assessment is set up and designed to look for “inconsistencies.” In other words, the assessor is looking for any excuse to justify a decision that you are not among those in “greatest need” for a PIP award. The entire process happens within a framework of reducing welfare costs, after all. This makes a mockery of the government’s fondness for using the word “objective.”

What can we do to try to counter the state bias towards political cost-cutting, which is embedded in the assessment process? 

Well, we can use the guidelines and existing legislation to ensure that we are heard clearly. We can also raise awareness that, whilst most ill and disabled people tend to emphasise how well we cope, and remain positive about what we can do independently, and we often tend to understate our needs for support, in assessment situations, that tendency is likely to be used to trivialise the impact of our condition and disabilities on day-to-day “functioning.”

Reliability

The government says in the PIP handbook: “For a descriptor to apply to a claimant, they must be able to reliably complete the activity as described in the descriptor. Reliably means whether they can do so:

 safely – in a manner unlikely to cause harm to themselves or to another person, either during or after completion of the activity

 to an acceptable standard

 repeatedly – as often as is reasonably required, and

 in a reasonable time period – no more than twice as long as the maximum period that a non-disabled person would normally take to complete that activity.” 

If you cannot complete an activity reliably, safely and repeatedly, as outlined, then you must be regarded as unable to complete that task at all.  The reliability criteria are an important key protection for disabled people claiming both PIP and Employment and Support Allowance (ESA).

From the document: “Symptoms such as pain, fatigue and breathlessness should be considered when determining whether an activity can be carried out repeatedly. While these symptoms may not necessarily stop the claimant carrying out the activity in the first instance, they may be an indication that it cannot be done as often as is required.”

And: “The following situations highlight examples where an individual may be considered unable to repeatedly complete a descriptor in the way described due to the impact this would have:

A person who is able to stand and move 20 metres unaided, but is unable to repeat it again that day cannot do it repeatedly as you would reasonably expect people to move 20 metres more than once a day • A person who is able to prepare a meal, but the exhaustion from doing so means they cannot then repeat the activity at subsequent meal times on the same day. This means they cannot complete the activity repeatedly as it is reasonable to expect people to prepare a meal more than once a day.”

This also applies to people with mental health conditions, which may also impact on a person being able to carry out tasks reliably, repeatedly and safely.

Time periods, fluctuations and descriptor choices

The document says: “The impact of most health conditions and disabilities can fluctuate. Taking a view of ability over a longer period of time helps to iron out fluctuations and presents a more coherent picture of disabling effects. The descriptor choice should be based on consideration of a 12-month period.

This should correlate with the Qualifying Period and Prospective Test for the benefit – so in the 3 months before the assessment and in the 9 months after. A scoring descriptor can apply to claimants in an activity where their impairment(s) affect(s) their ability to complete an activity, at some stage of the PIP regulations.

 The following rules apply: If one descriptor in an activity is likely to apply on more than 50% of the days in the 12-month period – the activity can be completed in the way described on more than 50% of days – then that descriptor should be chosen.

If more than one descriptor in an activity is likely to apply on more than 50% of the days in the period, then the descriptor chosen should be the one that is the highest scoring. For example, if D applies on 100% of days and E on 70% of days, E is selected. Where one single descriptor in an activity is likely to not be satisfied on more than 50% of days, but a number of different scoring descriptors in that activity together are likely to be satisfied on more than 50% of days, the descriptor likely to be satisfied for the highest proportion of the time should be selected.

For example if B applies on 20% of days, D on 30% of days and E on 5% of days, D is selected. If someone is awaiting treatment or further intervention, it can be difficult to accurately predict its level of success or whether it will even occur. Descriptor choices should therefore be based on the likely continuing impact of the health condition or disability as if any treatment or further intervention has not occurred.

The timing of the activity should be considered, and whether the claimant can carry out the activity when they need to do it. For example, if taking medication in the morning (such as painkillers) allows the individual to carry out activities reliably when they need to throughout the day, although they would be unable to carry out the activity for part of the day (before they take the painkillers), the individual can still complete the activity reliably when required and therefore should receive the appropriate descriptor.”

Again, “fluctuating conditions” include many mental health conditions.

Risk and safety

“When considering whether an activity can be carried out safely it is important to consider the risk of a serious adverse event occurring. However, the risk that a serious adverse event may occur due to impairments is insufficient – the adverse event has to be likely to occur.”

Even if complex probability calculations were used – and I am certain HPs are unlikely to have been trained to use such formulae – there is no “objective” way of calculating risk of serious “adverse” events over time.

However, it is not such a big inferential leap to recognise that continually cutting essential lifeline support for sick and disabled people will ultimately lead to harm, distress, hardship and other negative consequences for individuals and will have wider social, cultural and economic “adverse” consequences, too.

dpac

“Making work pay” for whom?

See also:

PIP Assessment Guide A DWP guidance document for providers

Personal Independence Payment handbook

Government Toolkit of information for support organisations

Relevant:

PIP and the Tory monologue

Government plans further brutal cuts to disability support

Consultation as government seek to limit disabled people’s eligibility for Personal Independence Payment

Second Independent Review of Personal Independence Payment assessment


 

I don’t make any money from my work. I’m a disabled person with lupus, and I’m stuggling to get by. But you can help by making a donation and enable me to continue to research and write informative, insightful and independent articles, and to provide support to others going through disability benefit assessment processes and appeals. The smallest amount is much appreciated – thank you.

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Report on the UK Government’s failing human rights record submitted to UN

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coalition of 175 civil society organisations has raised grave concern about the impact of the government’s welfare “reforms” and living standards in the UK, hate crimes, mental health, deteriorating prison conditions, stop and search powers and the Conservative’s plans to repeal the Human Rights Act, among other issues. The organisations include Age UK, Just Fair, Inclusion (London and Scotland), the TUC, Unicef UK, Rights Watch, The Law Centres Network, Mind, the Mental Health Foundation and Stonewall. 

The coalition contributed to a report which calls on the United Nations (UN) to recognise the evidence from the wide range of civil society groups and to ensure the UK Government, and the devolved administrations, are accountable for taking appropriate action and measures to redress many raised human rights concerns. The report authors caution that a high proportion of the 132 recommendations from the last United Nations hearings in 2012 have not been implemented.

The British Institute of Human Rights (BIHR) announced the launch of the Joint Civil Society Report, on the 22 September. It was submitted to the United Nations in Geneva last Thursday as part of the Universal Periodic Review of the UK. 

The report was produced as part of Human Rights Check UK project, which has been assessing human rights changes since the UK was last reviewed by the UN in 2012. BIHR have engaged with over 175 organisations across England, Scotland and Wales through both a call for evidence and by hosting a series of events across Great Britain. These groups range from local community advocacy groups to large national organisations, working on issues such as health, age related issues, children’s issues, justice, education, welfare and many others.

Many of the issues and concerns raised in this report of 84 pages have been under-reported in the mainstream media.

The human rights framework in the UK is being eroded

A key theme throughout the evidence received are serious concerns regarding the proposed repeal of the Human Rights Act. Civil society organisations were worried that a new Bill of Rights would offer weaker human rights protections, particularly impacting the most vulnerable members of society.

The report says repeal of the act would be a “denigration of international human rights law.” It also says in the submission: “The UK’s retrogressive debates are already negatively influencing other countries. There is increasing concern that the UK’s political rhetoric will, if not checked, threaten the coherence and credibility of the post-second world war human rights settlement.”

The report also says: The rhetoric in national media and among senior officials often repeatedly misrepresents and misreports judicial cases, “blaming” human rights laws for situations/decisions which are about other laws or are only partially about human rights (often centring on groups considered “unpopular” or “undeserving”). When the Human Rights Act has positively supported people, this is rarely discussed.

It is vital that the UK Government guarantees it will build upon the Human Rights Act, rather than amending or repealing it via a new bill of rights. Refusal to give such a guarantee should be recognised as an indication that there is a significant risk of the human rights framework in the UK being eroded.”

These are all concerns that I have raised myself over the last two years, along with many other campaigners.

Other key issues raised were related to growing poverty and inequality across the UK as a result of welfare “reforms” and austerity measures. The report reflects the damaging impact that Conservative policies are having on a number of human rights issues, including access to justice, children and women’s rights and the right to an adequate standard of living. These are problems and themes which many of us have been campaigning and writing about for the last four or five years.

Social security no longer alleviates poverty and homelessness

Many concerns were raised about the impact of the welfare cuts, growing poverty and an inadequate standard of living in the UK. The report said that recent policy and legislative changes have seen a regression in standards of living and the welfare system’s ability to tackle poverty, homelessness and unemployment. Many organisations reported that this is having a negative impact on marginalised social groups, among which are some of our most vulnerable citizens. 

For example, the abolition of disability premiums may result in 100,000 disabled children losing up to £28 a week. Changes to personal allowances will leave single parents with severe disability needs with £73 less a week. There was recognition of the discriminatory impact of the bedroom tax on disabled adults and children, carers, domestic violence victims, separated parents and others.

The benefit cap disproportionately impacts on single parents, children and BME groups. The Supreme Court ruled that the cap violates the United Nations Convention on the Rights of the Child  (UNCRC) but did not overturn the policy. The UK Government has further reduced the cap to £20,000 per annum for households outside of London and £23,000 for those within Greater London through the Welfare Reform Work Act 2016, affecting 92,000 more households.

The report also said that benefit sanctions have significantly increased and that evidence strongly suggests links to rising destitution and food bank use. Many people have received sanctions in “error”. The authors pointed out that there is no empirical evidence that sanctioning is in any way effective in “getting people back to work”. 

It was also noted that the government claim to have introduced a National Living Wage in 2016, to increase minimum wage to over £9 per hour by 2020. This does not apply to those under 25. Rates are not set in accordance with recommendations from the Living Wage Foundation.

Further concerns raised are freezes to working-age benefits for four years from April 2017, the removal of the Child Tax Credit entitlement for third or subsequent children born after 6 April,  repeal of the Child Poverty Act 2010. Although the Government will publish child poverty data, there are no longer statutory targets or a duty to report.

The report authors also acknowledged that there been an unprecedented rise in the use of food banks, and several submissions directly related this to welfare cuts and austerity measures. One million people were provided with 3 days of emergency food in 2015/16. 

It was noted that the Parliamentary committee recently (2015) assessed the impact of the Equality Act 2010 on disability discrimination, concluding it was unsatisfactory. Particular issues raised in evidence submissions include: the significant and disproportionate impact of welfare cuts on disabled people, e.g. Work Capability Assessments have seen many disabled people incorrectly assessed as fit for work; concerns about the portrayal of disabled people as “benefit scroungers”, perpetuated by some sections of the media and political leaders, and new tribunal fees being a disincentive to bringing discrimination cases forward. 

There was also widespread concern expressed that cuts to legal aid have impacted on the most disadvantaged groups in society, deterring potentially successful legal cases and challenges, and removing sources of advice and support. There is a disproportionate impact on women, children, BME communities, disabled people and people living in poverty.

Among the recommendations made:-

The UK government should:

  •  Monitor and review the impact of welfare reforms on living standards, increased poverty and food insecurity, and work to break the link between welfare support and poverty
  •  Pause and review its sanctioning policy, ensuring no person is pushed in to destitution
  •  Abolish the spare room subsidy since it causes destitution and has not served its purpose
  •  Reconsider changes to child poverty policy and ensure no child is living  in poverty
  •  Create a living wage that accurately reflects the cost of living within the UK

Among other human rights failings, the report highlights the fact that race is the most commonly recorded motivation (82%) for hate crimes in England and Wales and that the Brexit vote coincided with a surge in such offences. It links reports on the government’s policy of creating a “hostile environment” for migrants with discrimination against those from minority communities. It’s true that political and media rhetoric about migration is loaded with dehumanising metaphors.

Mental health service funding cuts and government policies are having negative impacts on vulnerable people

Evidence submitted highlighted a number of serious issues, including:

  • The underfunding of mental health services, resulting in just 25% of people receiving help.
  • In England, funding for mental health trusts has dropped in real terms by 8.25% since 2010.
  • Shortfalls in services have resulted in the police responding to people in crisis. In 2014-15, in England and Wales, the police picked up 23,128 people in mental health crisis and 4,537 were taken to a police cell because there was no other safe place available (although this is down from the previous year).
  •  Patients being placed in units far away from their home and support networks as a result of closing in-patient units. In 2015-16, 5,411 patients were sent ‘out of area’.
  •  The disparity across the UK in accessing talking therapies. In 2014-15, 33% of people in England waited longer than 28 days to start treatment following referral and 7% longer than 90 days. In Wales, data shows 57% of people waited over three months for an assessment and their first session.
  •  Concern that legal protections for people with mental capacity issues are not sufficient, including that the Mental Capacity Act and the Deprivation of Liberty Safeguards in England and Wales are no longer fit for purpose (the Law Commission is reviewing both) and that the Adults with Incapacity Act in Scotland is not compatible with human rights standards.

Trade Unions and charities have been systematically disempowered

Serious concern was expressed that recent legislation has introduced unjustified, disproportionate and discriminatory restrictions on trade unions activities. The Trade Union Act 2016 sets statutory thresholds and substantial new legal hurdles which unions must overcome to take lawful industrial action in defence of their jobs, livelihoods, wages and working conditions.

The “Lobbying Act” has created additional layers of regulation for charities and Trade Unions, already subject to rules on political activities. The Lobbying Act’s chilling effect has been reported across jurisdictions. Research found 63% of charity respondents said the Act will make it harder to achieve their charitable objectives.

The recent Hodgson Review concluded that the Act did not strike the right balance. The UK Government has yet to respond to the report’s recommendations.  CSOs are also critical of UK Government proposals to introduce an “anti-advocacy clause”, restricting organisations that receive public money from lobbying Government.

There are concerns about flawed research underpinning the proposal and its impact on civil society organisations (CSOs) being able to amplify community voices with the State. This has implications for democracy.

The Trade Union Act 2016 sets statutory thresholds and substantial new legal hurdles which unions must overcome to take lawful industrial action in defence of their jobs, livelihoods and working conditions.

There is widespread concern about the impact of the UK referendum to leave the European Union on human rights. Whilst the Human Rights Act is separate from the EU, a number of other rights-based standards emanate from the EU, including equality and employment law standards. 

Stephen Bowen, the chief executive of BIHR, said: “The UK government needs to listen, not just to the United Nations but to the voices of the huge range of organisations closer to home that have shared their serious concern. They are troubled the government is taking the UK towards further isolationism and disregarding the United Nations, worsening the situation with welfare and legal aid cuts, and wanting to scrap the Human Rights Act, weakening its accountability for our rights at home as well as internationally.”

The report was launched on 22 September at Westminster, with contributions from Sir Nicolas Bratza (Chair of BIHR, and former president of the European Court of Human Rights), David Isaac CBE (Chair of the Equality and Human Rights Commission), the Rt Hon. Harriet Harman QC MP (Chair of the Joint Committee of Human Rights) and BIHR deputy director, Sanchita Hosali.

Harriet Harman, welcomed the report for its breadth and depth, and said she would be raising the issues explained with the Justice Secretary, Liz Truss, when she appears at the JCHR next month. Harriet spoke about how the UK level government debates on human rights were leading to a corrosion of rights domestically, and undermining the core principle of universalism. 

She spoke of how the UK needs to recognise and celebrate, not disparage, international accountability, whether that be at the UN or the European Court of Human Rights. Yet the contrast between what the UK Government says domestically versus what is said at the UN can be like “hearing two different administrations.”

Director, Stephen Bowen, conveyed whole-hearted thanks to the 175+ organisations that have helped shape BIHR’s report, to root it in the very real and pressing issues many people in the UK face in ensuring their universal human rights are respected, protected and fulfilled. The breadth and depth of organisations involved is a testament to how significant human rights are in the UK.

 

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Reframing frames – ideology, George Lakoff and a call for your views

Wall Street Protestors Rally Against Police Brutality

An excellent example of using a slogan to reframe debate about neoliberalism and inequality from the Occupy movement

 

Left wing progressives hope that we can win elections by citing facts, rational debate and by offering policy programmes that serve the majority of voters’ interests. When we lose, we either conclude that we need to move farther to the right, where the voters are; where the Overton window opens, or that we need to move further to the left, to present a genuine alternative to the status quo. That dilemma has rigidly polarised the Labour party, undermining our unity and turning what was once a “broad church” appeal into an either/or basic dichotomy of alliances and reflected interests. The problem is how do we know which of these responses to the dilemmas of being a party in opposition will engage the public? And what if it is neither?

Yet, how can the left possibly lose a debate about the economy and social policy, when our current steeply hierarchical socioeconomic organisation serves the interests of so very few citizens? In fact those policies are seriously harming some social groups, especially those traditionally afforded social protections by previous Labour policies. 

Margaret Thatcher once made the absurd claim that the “problem” with socialism is that it “runs out of other people’s money to spend.” However, the New Right became experts on spending our public funds on extending the wealth of a few privileged millionaires, taking money from those who have the very least and handing it out to those who have the very most.

That really is “spending other peoples’ money.” As a consequence, the UK is now the most unequal country in the world, and that includes the US, where the Chicago boys – the founding fathers of neoliberalism – operationalised their experiment in hierarchical and authoritarian modes of neoliberal socioeconomic organisation.

Things ain’t what they ought to be

I’ve pointed out before that it’s easy to mistake the patterns and social circumstances of our era for “natural laws”. We really do need to revisit the is/ought distinction  (the naturalistic fallacy: we cannot use descriptive statements – what “is” – to make or justify prescriptive ones – what “ought” to be). So many people assume the Conservative world view of competition, mysterious “market forces” and the “invisible hand”, survival of the wealthiest, and Randian self interest is simply how things are: that these qualities are all fundamental to our “human nature”. They are not.

They are the qualities required of us – what “ought” to be the case – in order to prop up a hierarchical society, preserving a privileged elite and the material inequality and power relations of neoliberalism. Social Darwinism, which is like a comic strip version of Darwinism, was debunked last century, but here we are with policies that are directed by an ideology founded on social Darwinist principles once again. It’s become  a “common sense” assumption that we are naturally inclined to be competitive, and as a society, hierarchically ranked, on the basis of power and worth. Yet the matter of what “human nature” actually is has never been resolved over the centuries, let alone accounts of how that “nature” translates into the kind of society we have. Or ought to have, for that matter.

How can the Tories be right in their cynical miserablism, regarding our competitive social Darwinist tendencies?  If we are so fundamentally selfish and self-interested, with a generally Hobbesian temperament, moulded a little more by Burke’s profound anti-intellectualism, how, then, did we end up with a trade union and labour movement, working class enfranchisement, the welfare state, the NHS, legal aid, social housing, human rights and to generally progress to develop an altruistic, collectivist, cooperative approach for our post war settlement?  

“Human nature” is far more complex and much less static and defined than the Conservatives would have us believe. The kind of society that we live in, with its prevailing beliefs, attitudes and organisation, also contributes significantly to the kind of people we are, and importantly, to how we see ourselves and others.

Façade democracy

George Lakoff, a linguist and cognitive scientist, says that Conservatives exalt “obedience to authority,” insulate leaders from accountability, oppose checks and balances against leaders and rely on fear. All of this is true.

Lakoff says the right wins and keeps power by framing issues and “controlling minds”. This explains why Conservatives win elections. They manipulate us more effectively than the Progressives. They’ve been “preparing the seedbed of our brains with their high-level general principles” so that when the “low tax/low welfare society” idea, for example,  was planted in its various guises, repeatedly, “their framing could take root and sprout.” And “as a result, progressive messages don’t take root.”

Tories successfully reframe social issues, re-set defaults and normalise their prejudices and values. They become “common sense.” As dominant narratives do. In doing so, the Conservatives shape how the public see themselves and others.

Lakoff proposes that the left present frames instead of raw facts, in order to “train” the public to think less about neoliberal competition and self-interest and more about serving others. It’s not the platform that needs to be changed. It’s the voters. 

Lakoff says that we need to beat Conservatives at their own game. “Democracy is too important to leave the shaping of the brains of the public to authoritarians.” 

I like a lot of Lakoff’s work, but cannot get behind the idea of using techniques of persuasion to win support and (re)grow a movement. But then, the use of such techniques has been effective for the Conservatives, and that level of manipulation creates a problem for democracy. Lakoff is proposing we address the problem of a managed democracy by attempting to manage it too.

Is it possible to propose we manipulate voters and then still claim to be a democrat? 

He is right in that the rational approach doesn’t always work, but perhaps it’s more a question of how we present our alternative. I can get behind a shorthand and punchier general messages, just as long as it isn’t a strung together lexicon of glittering generalities with nothing meaningful referenced below the surface level. Integrity matters. The new world order is maintained partly by a precarious new word order. But it rests only on the very surface of our mind. It exists, not because it is rational or serves our best interests, but because it appears to be “normal.”

It’s probably true that many voters don’t pay much attention to the details and implications of policies. We have a tendency towards cognitive miserliness – the Principle of Least Effort; we frequently rely on simple and time efficient strategies when evaluating information and making decisions. But this can lead to prejudices. We formulate stereotypes, for example, which are simplistic ways of categorising others. Heuristics are mental shortcuts we often use in order to lessen the cognitive load that decision making requires. We often rely on habitual, superficial explorations and generalisations because we are caught up in our lives, and so to some degree, its a strategy of necessity and efficiency. 

However, this tendency towards cognitive miserliness is also manipulated. We often assign new information to categories that are easy to process mentally. These categories arise from prior information, including schemas, scripts and other knowledge structures, that has been stored in memory and so storage of new information does not require much cognitive energy. Cognitive miserliness means we tend not to stray far from our established beliefs when considering new information. That’s partly why repetition and slogans work so well as propaganda techniques. 

My own view is that we should try multiple approaches to messaging the public, but none of it should be simply about changing a vote for the sake of it. We also need to engage citizens in active participation in democracy. That is something the authoritarian Conservatives will never do: they have a policy agenda informed by private companies and millionaires, not ordinary citizens, and that won’t change.

Public needs have been privatised and pushed into the “market place” of competition and invisible capitalist hands. Increasingly, private companies are operating our essential public services, as the Conservatives claim that this is “efficient.” It isn’t, because it’s costing us billions to support unaccountable private businesses whose only motivation is to make profit.(See for example: Doctors bribed with 70-90k salaries to join Maximus and “endorse a political agenda regardless of how it affects patients.” )

Meanwhile, the privatisation of public need means that individuals shoulder the responsibility for them, rather than the state, who are still taking money from the public to fund those public “services.” Making individuals responsible for the consequences of political decision-making and arising socioeconomic problems like unemployment and poverty then justifies an authoritarian state intrusion in the form of “therapy.” For example, the rise of nudging, which is about the political directives to “change behaviours” because people make “the wrong choices” and so it turns democracy on its head.

This is because nudge is used without public consent, and it is solely aimed at “changing behaviours” of citizens to meet the states’ idealised and narrow neoliberal outcomes, rather than it being about actually recognising and meeting social needs and democratic inclusion.

The left tend to have a rather more optimistic, expansive and generous view of human nature. We believe in the human potential for learning, development and progress. However, that optimism is also tempered with an acknowledgement of our darker side, too. Policies which protect social groups that are prone to being exploited, scapegoated and other socially constructed vulnerabilities have largely been Labour party ones.

However, the problem is that the Conservatives hold up a darkly distorting looking-glass to the public, showing only what they want people to see of themselves. In that mirror, we are rendered ugly – always prone to being stupid, selfish, greedy, impulsive savages that need to to be ruled and controlled. Our self perceptions are shaped by significant others. There arises a subsequent social self-fulfilling prophecy. We project and scapegoat: it is always others that are savage and selfish, not us. This is facilitated by the Conservative tendency to marginalise poor people, creating folk devil stereotypes and social outgroups. 

We’re capable of changing minds. But we have good SOCIAL reasons to do so. That, for me is the key – there’s a difference between propaganda and reasoning; public interest and simply maintaining the public’s interest. The answer probably lies somewhere in a compromise – using both a rational and evidenced approach and the reductive pop politics soundbites to capture public interests AND public interest.

Tory cuts cost lives was a soundbite of mine from 2015. I wanted to reference war, and highlight the enemy in a longstanding and ongoing class conflict. It’s got integrity as a slogan because I’ve spent a few years writing about and presenting evidence of how  Conservative austerity is harming and sometimes killing people. 

But I don’t have all the answers. To come up with effective solutions requires our willingness for collaboration and cooperation.   

I’m particularly interested in what others think about this issue. If you have any thoughts on this, please leave me a comment, and I will revisit them in due course. We can do what the left always do very well: hold a democratic discussion and problem-solve collectively.

 

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Andrew Samuels on Jobcentre Therapy and the Psy-Organisations

allianceforcp's avatarThe Alliance for Counselling & Psychotherapy

Letter submitted to Therapy Today (the BACP journal) but not published.


I’d like to respond to Catherine Jackson’s interesting article Colocation or collusion? How ethical are the Government’s proposals for closer working between IAPT services and Jobcentre Plus?’ (Therapy Today, April 2016, pp.8-9).

Catherine’s title suggests that the issue is generating heat and, at the end of this letter, I make a suggestion for a dialogical, relational next step.

What Catherine wrote illustrates the usual dilemma that the large professional organisations find themselves in with regard to Government policies – in this case, the many linkages between employment on the one hand and psychological therapies on the other. If bodies such as BACP, UKCP, BPC, BPS and BABCP are too robust in their criticism of Government policies, they will be labelled as ‘the awkward squad’ and ‘the usual suspects’. Doors in Whitehall close, requests for meetings go…

View original post 755 more words

Man with diabetes had to have his leg amputated because of benefit sanctions

David Boyce had to have his leg amputated when his diabetes spiralled out of control because he couldn’t afford to eat after having his benefits sanctioned
                                                      David Boyce 

Photo courtesy of the Manchester Evening News.

David Boyce has diabetes. He was sanctioned for five months by the Department for Work and Pensions, which meant he had no money whatsoever to meet his basic needs. As a result, he had to sell his belongings, but couldn’t afford to eat properly and subsequently had to have his leg amputated, as his medical condition spiralled out of control. A healthy diet is essential as part of the management and treatment for diabetes.

David was a photographer who used to own a business, but was forced to give up his work because of ill-health. There was a dispute with the Department for Work and Pensions (DWP) about his jobseeker’s agreement and he was sanctioned numerous times.

David said that his benefits were frozen fourteen times because of “issues with paperwork.”

However, it’s clear that the sanctions happened because of a flawed decision-making process on the part of the DWP and he won an appeal which successfully overturned every sanction, with support from Salford’s Unemployed and Community Resource Centre. He was eventually awarded the money that had been wrongfully withheld from him

The government have claimed that benefit sanctions are an “incentive” to “help” people like David into work. However, David has been pushed even further away from the job market, because he’s now been left with a greater degree of disability: horrifically, the sanctions have cost him his leg.

David said that by July, complications from diabetes had already caused irreversible damage. His health deteriorated because he had no money to live on: he couldn’t control his insulin intake and was unable to follow his strict diabetic diet. 

Subsequently he suffered diabetic ulcers and was diagnosed with the flesh-eating infection, necrotizing fasciitis, and doctors were forced to amputate one of his legs.

He told the Manchester Evening News: “I suffered from depression and mental anxiety. I’m not a rich man. I had to sell everything to eat.

You don’t tell anyone, it’s embarrassing, that’s what they prey on.

You go into a depression. You lock yourself away.”

David Boyce’s tragic case was revealed as protesters gathered to demonstrate against the extremely punitive and irrational Jobcentre conditionality rules and welfare sanctions. 

Campaigners gathered at Eccles Job Centre this week to protest against the immoral benefits sanctions. They said that scores of people were being left depressed and on the verge of suicide. 

David’s horrific experience is not an isolated case, sadly. Many campaigners have reasonably demanded an inquiry since the death of former soldier David Clapson, who also had diabetes. David died of ketoacidosis because he couldn’t take his insulin. He was also starving, after being sanctioned for missing a single Job Centre meeting. The coroner said that he hadn’t eaten for at least three days prior to his death. David was unable to afford to maintain an electricity supply to keep his fridge running, where he ordinarily safely stored his life-saving insulin.

The government have been presented with many other cases of extreme hardship and suffering because of sanctions, but they simply deny there is any “causal link” between the negative impacts, distress and deaths and their policies, despite the ever-growing and distressing evidence to the contrary. There is no evidence that there isn’t a “causal link” either. To establish such a link requires an inquiry and further investigation of the already established correlation between the government’s policies and adverse impacts. If the government are so confident that their claim is right, then surely an inquiry would provide a welcomed verification of this.

As it is, the government’s refusal to research and investigate the link is simply oppressive, and their claims fly in the face of established research and longstanding empirical evidence which shows that punishing people who are already experiencing hardship cannot possibly “incentivise” them to look for work, since we know that if someone cannot meet their basic survival needs (such as the physiological necessities of food, fuel and shelter), then they cannot meet higher level psychosocial needs, including looking for work.

Salford Unemployed and Community Resource Centre manager, Alec McFadden, said the DWP had imposed “unachievable” requirements for those in receipt of benefits.

McFadden added: “Illegal benefit sanctions need to be stopped and we will continue to use the law against these dangerous and illegal actions that bringing stress and the threat of suicide to so many people.”

A DWP spokesman said: “Sanctions are an important part of our benefits system and it is right that there is a system in place for tackling those few who do not fulfil their commitment to find work.

They are only used in a very small percentage of cases, and the number of sanctions has fallen substantially in the last year.”

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Abraham Maslow’s hierarchy of human needs.

Related

Two key studies show that punitive benefit sanctions don’t ‘incentivise’ people to work, as claimed by the government

Nudging conformity and benefit sanctions

Welfare sanctions can’t possibly “incentivise” people to work. Here’s why

The Conservative approach to social research – that way madness lies


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The Resolution Foundation’s review of the Conservative’s “Living Wage”

longer_term_living_wage

 

The Conservatives’ summer budget saw a new national minimum wage set. However, it has been  re-branded as a “national living wage” as the Conservatives claim that it should be what people need to live on. Employers will no longer be allowed to pay the £6.70-an-hour rate, but will have to pay the new “national living wage” of £7.20 an hour to people over the age of 25. Call me a cynic, but the psychosemantic re-branding of a minimum wage increase of less than a pound an hour is a diversion because the government intend to stop subsidising low wages through tax credits. 

Increasing the minimum wage is simply not adequate to reduce poverty. Forty per cent of individuals earning between the minimum wage and the actual amount that would be the Living Wage campaigners want, are in households in the top half of the income distribution. They aren’t poor. Tax credits on the other hand are much more highly targeted at those in need of support. Whilst the public understand what the minimum wage was about, renaming this new policy the “National Living Wage” will inevitably create confusion, as many will incorrectly assume that the government are targeting the same rate as that advocated by the Living Wage campaign – a figure based on estimates in line with the cost of living. They aren’t.

The Living Wage Foundation say:

  • The current UK Living Wage ought to be £8.25 an hour
  • The current London Living Wage ought to be £9.40 an hour

However, the Resolution Foundation have issued a press release that says the Prime Minister should allow the in-built flexibility of the “national living wage” to “take its course.”

Conor D’Arcy, Policy Analyst at the Resolution Foundation, said: “Some businesses are unhappy about a higher minimum wage, particularly amid the post-referendum uncertainty. But backsliding on the government commitment is unnecessary given the in-built flexibility of the policy to adjust to changing economic circumstances. It would also be costly for millions of low paid workers, so the Prime Minister should stick to her guns.”

Backsliding on the so-called “National Living Wage” (NLW) could leave some full-time workers up to £1,000 a year worse off by 2020 – with women, the young and older workers most likely to lose out – according to the new analysis published yesterday (Wednesday) by the Resolution Foundation.

Earlier this year, the introduction of the NLW delivered an average 7.5 per cent pay rise to around 4.5 million workers aged 25 and over. Low-paid workers are set for another four years of above average pay rises as it approaches its target ‘bite’ of being worth 60 per cent of typical hourly pay by 2020.

More recently, May has put tackling squeezed living standards at the centre of her new government. However, some business organisations have called on the government to water down its plans following the EU referendum. In a letter to the Business Secretary Greg Clark, 16 trade associations called on government to “exercise caution” in light of “the economic uncertainties the country faces”.

Such calls are understandable given the challenge of a higher wage floor for some businesses. However the Foundation says that the in-built flexibility of the NLW – which automatically adjusts to economic shifts by being pegged to typical hourly pay, rather than the £9 cash figure that many people associate the policy with – means that there is no need to water down the policy.

The Foundation’s analysis, based on the latest summary of independent economic forecasts published by the Treasury, shows that the NLW is currently on track to rise to around £8.70 in 2020. That’s lower than the £9 forecast in the March 2016 Budget, due to expectations of weaker wage growth. The Foundation notes that the projected figure for 2020 is likely to rise and fall in coming years as wage forecasts are updated and the actual impact of implementing Brexit becomes clear.

The Foundation says the Prime Minister should therefore stick to her guns and press on with implementing a policy that will deliver a pay rise for six million workers – and support her vision for an economy that works for everyone, not just the privileged few.‎

Torsten Bell, Director of the Resolution Foundation, said:

“Theresa May is right to stick to her guns on the National Living Wage. Britain has a serious low pay problem and now of all times is not the moment to put off dealing with it.”

The Foundation adds that sticking to the current policy is very different to pursuing a cash target of £9 or higher in the face of weaker overall wage growth. That approach, which some advocate‎, could jeopardise the success of the NLW.

Ahead of a crucial meeting of the Low Pay Commission in October to decide their recommendation for next April’s NLW rate, the analysis shows that should the government scale back its ambition over the next four years – for example by raising the NLW at a similar pace to the recent minimum wage increases applied after the 2008 financial crisis – its value would fall by around 55p per hour in 2020. This would lower the annual pay of a full-time worker on the NLW by around £1,000, relative to current plans. Should the current ‘bite’ of the NLW be maintained, rather than increased to 60 per cent by 2020, the annual pay would be reduced by £1,500.

Around one in five women and one in five workers aged 26-30 would lose out from any backsliding on the National Living Wage, as would over a quarter of workers aged 66 and over.

The Foundation says that the main focus for the government should now be on implementation. To do this, it is calling for the government’s upcoming industrial strategy and productivity plan to include a focus on the often unheralded low-paying sectors of the economy, and not just on areas like digital and high-value manufacturing. This will help employers handle the higher labour costs brought about by the NLW.

The analysis is part of the Foundation’s upcoming report Low Pay Britain 2016, which will be published later this month.

Conor D’Arcy, Policy Analyst at the Resolution Foundation, said:

“The National Living Wage is a hugely popular policy that is set to deliver a pay rise to six million of Britain’s lowest paid workers and play a pivotal role in the Prime Minister’s vision for an economy that works for everyone, not just the privileged few.

“Understandably some businesses are unhappy about a higher minimum wage, particularly amid the post-referendum uncertainty. But backsliding on the government commitment is unnecessary given the in-built flexibility of the policy to adjust to changing economic circumstances. It would also be costly for millions of low paid workers, so the Prime Minister should stick to her guns.

“The government’s attention should instead turn to the huge task of implementation. This should ensuring that its upcoming industrial strategy includes the less glamorous but hugely important sectors like retail and hospitality, which are at the coalface of Britain’s huge low pay challenge.”

Review recommendations

  • While the National Living Wage is a welcome boost to low earners, the Living Wage with its genuine link to an acceptable cost of living, remains as vital as ever.
  • But as we have made clear, improvements are possible in both methods and seeking alignment will inevitably lead to change. We believe the recommendations we have outlined in this review represent a genuine improvement over the current methods. The aligned method should be more representative, more robust and, most importantly, driven to a greater extent by changes in the cost of living.
  • Inevitably, calculating a Living Wage requires judgement calls. Policy changes like the introduction of Universal Credit would always have required judgements on how the new system is phased into the rate. Having a body like the Living Wage Commission to make such decisions when required in future can only be an asset to the Living Wage campaign as it moves forward.
  • The natural question which follows these recommendations is what impact is likely on the rates themselves. However, the next steps are for the Living Wage Commission to consider our recommendations. The options they choose will determine the extent to which the rates vary from their current levels.
  • Broadly speaking however, the aligned method we have recommended is likely to have an upward effect on the London Living Wage. We consider this to be an unavoidable consequence of a Living Wage rooted in an up-to-date basket of goods with a more diverse mix of family types. There is a clear discrepancy in the target income between London and the rest of the UK, and as highlighted by recent analysis on the size of London salary weightings[1] the differential between rates should be larger than at present. The exact size of the increase will depend on the Living Wage Commission and Mayor’s response to our review. They also have a role in setting out a how to implement and transition to the new rates in London and the rest of the UK.
  • The Living Wage Commission is expected to respond to our review in September 2016. With a strong, aligned methodology and an enhanced governance structure, we see no reason why the Living Wage cannot continue to raise the wages of workers across the UK, delivering more families an acceptable standard of living.

Notes 

  • The ‘bite’ of the National Living Wage – its value relative to typical hourly pay – is set to increase by 4.3 percentage points over the next four years. The ‘bite’ of the National Minimum Wage (NMW) increased 1.7 percentage points in the four years following the financial crisis. Should the NLW instead follow this path, rather than the one currently set out, its value in 2020 would fall to £8.17 an hour. That’s 55p an hour less than the latest economic forecasts imply, equivalent to £1,075 to a full-time worker on the NLW.
  • The Resolution Foundation forecasts that by 2020 around 12 per cent of workers will be earning the National Living Wage, including 19 per cent of women, 19 per cent of 26-30 year olds and 26 per cent of workers aged 66+. 

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Conservative social security policy is not founded on rational analysis and evidence

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Recently I wrote an article about the new benefit cap which parodied Conservative ideology, traditional class prejudices and subsequent justification narratives for their welfare “reforms”, likening the latter to nineteenth century character divination – phrenology in particular. Sometimes, it’s easier to highlight the ridiculous by simply ridiculing it.

A lot of my work is themed around serious and rational critique of Conservative shortcomings when it comes to the whole process of policy-making and research, from the theories” that inform the process, to the ideologically-driven impacts and narrow neoliberal aims and outcomes, which have led to some catastrophic social consequences. This is because austerity has been aimed exclusively at those citizens who had the very least to start off with. Sick and disabled people have been systematically and disproportionately targeted for cuts to their support.

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I’ve written previously about the government’s increasing use of secondary legislation to push through controversial and highly partisan policies without an adequate degree of parliamentary scrutiny and debate. The public are entirely excluded from this process. This is one way that the Conservatives have been getting away with highly prejudiced, ideologically-driven policies that have not been analysed in terms of safeguarding citizens, impact, compatibility with our international human rights obligations and are neither adequately justified nor evidenced. 

The Strathclyde review and Conservative authoritarianism

Secondary legislation is unamendable and is allocated 90 minutes debate in the Commons at best, by the Conservatives. Secondary legislation in the form of Statutory Instruments was only ever intended for non-controversial and small tidying up legislative measures. A Tory aide admitted that the government are trying to get as much unpopular legislation in through the secondary route as possible. But this has been very evident anyway. The government is intent on dismantling any inconvenient piece of the constitution.

In a democracy there is always a responsibility and need to ensure additional checks and balances against incumbent governments and for extending opportunities to review and improve the quality of legislation. There is always a need to broaden the political participation and democratic inclusion of particular groups in society; to explore ways by which under-represented groups may be identified and included in political decision-making processes.

Statutory Instruments are the principal form in which delegated legislation is made, and are intended to be used for simple, non-controversial measures, in contrast to more complex items of primary legislation (known as Bills.) The opposition has frequently complained that the government uses Statutory Instruments to pass complex and controversial legislation which should have been subject to full Parliamentary scrutiny. Universal credit, the legal aid and tax credit cuts are clear examples of the misuse of secondary legislation, each with far-reaching and detrimental socioeconomic consequences for many people.

The steep rise in the use of Statutory Instruments since 2010 is an indication of how the Conservatives are politically managing pre-legislative scrutiny, stifling healthy debate, curtailing opposition, and side-stepping essential democratic transparency and accountability. It’s also an indication that much Conservative legislation is ideologically-driven rather than needs-driven: the use of secondary legislation as a means of avoiding scrutiny demonstrates that the government are aware that much of their planned programme won’t stand up to close Parliamentary examination and rational debate.

Lord Strathclyde was asked in October last year by David Cameron to undertake a “rapid review” that considered how to secure the decisive role of the House of Commons in relation to its primacy on financial matters and secondary legislation. Of course, Strathclyde’s report was published by the Government on the 17 December, 2015, which marked the final sitting of Parliament before Christmas. Nonetheless the media did actually cover the contents of the report and some of the implications of the recommendations made.

Strathclyde concluded in his report that the House of Lords should be permitted to ask the Commons to “think again” when a disagreement on proposed legislation exists, but should not be allowed to veto. MPs would ultimately make a decision on whether a measure is passed into law. The review focuses in particular on the relationship between the Commons and the Lords, in relation to the former’s primacy on financial matters and secondary legislation.

The key problem is that Statutory Instruments (SI) are being over-used and are under-scrutinised in the Commons. SIs have become a major form of law-making activity in the UK. In 2015, the UK Parliament passed 34 Acts, whilst 1,999 Statutory Instruments were made. (In fact, 2015 has been a relatively light year for SIs: in 2013 and 2014, 3,292 and 3,486 SIs were made.)

The government ensure they have a majority on any SI committee and MPs are chosen by Whips. The Hansard Society estimate that SIs currently account for as much as 80 per cent of the Government legislation that impacts citizens. However, they are given substantially less Parliamentary time than Bills, enabling government to push through their ideologically designed legislative programme with very little scrutiny, exacerbating a lack of democratic transparency and accountability of the Executive (the government). 

Further presented justification for grotesquely unfair policies from the Conservatives is based on a claim that “we have a clear mandate to do this.” The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central component of representative democracy. However, new governments who attempt to introduce policies that they did not make explicit and public during an election campaign are said to not have a legitimate mandate to implement such policies. 

In order to keep his promises on further future tax cuts for higher earners, George Osborne made even more cuts to public services, public sector pay and the social security safety net that are so deep they will severely damage both the economy and potentially, the fabric of our society. The Institute for Fiscal Studies (IFS) have criticised Osborne’s proposed tax credit cuts, because it is “at odds” with wider Conservative stated aims to “support hardworking families”.

Research conducted by the IFS calculated that only around quarter of money take from families through tax credit cuts would be returned by the new National “Living Wage”.Tax credits are payments made by the government to people on lower incomes, most of whom are in work. 

Cameron effectively ruled out cutting the benefit before the election, telling a voter’s Question Time that he “rejected” proposals to cut tax credits and did not want to do so. The cuts are part of £12bn cuts to the social security budget that the government is to make – the details of which the Conservatives refused to announce before the election.

However, in an unprecedented move, the Conservatives have threatened a constitutional “showdown”, and have refused to engage in dialogue with peers that want kill off the proposed Tory cuts. The government warned the House of Lords it would trigger a full-scale constitutional crisis by pressing ahead with their plans. 

The review by Lord Strathclyde, commissioned by a rancorous and retaliatory Cameron followed the delay and subsequently effective defeat of government tax credit legislation in the House of Lords, and it has, of course, recommended curtailing the powers of Upper House. 

Strathclyde proposed that the House of Commons is given the final say over secondary legislation (in particular, Statutory Instruments), which are, as previously stated, frequently being used for political manoeuvring to edit the details of Acts, and ensure rules, regulations and even changes to legal definitions are made by ministerial order, rather than by the rather more open and democratic process of primary legislation: it’s being used as a way of bypassing Parliamentary scrutiny. 

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The view from the Social Security Advisory Committee

More recently, the Chair of the Social Security Advisory Committee (SSAC) has also concluded that “pressure from the Treasury” resulted in welfare changes being pushed through parliament “without meaningful analysis of impact or interactions with other parts of the benefit system.” He also raises the same issues that I previously have regarding the government’s increased use of secondary legislation.

In a very damning report on how the government develops welfare policies, SSAC Chair Paul Gray says top-down pressure from the former chancellor, Osborne, to meet Budget deadlines meant legislation was being rushed without proper analysis or scrutiny.

In a foreword to the report, Gray writes: “On the basis that primary legislation was to be debated in some detail in Parliament, the Government was not required to bring the majority of these provisions to SSAC.

Consequently, the amount of secondary legislation presented to us in the first few months of the reporting year was lighter than usual.

By contrast from September onwards a number of sets of regulations were presented to us for scrutiny – most with their origins in the Chancellor of the Exchequer’s Budget proposals for reducing benefit expenditure.”

He goes on to say: “The Committee has observed that legislation required to deliver policies announced by the Chancellor during his Budget or autumn statements is often developed at pace to meet challenging deadlines set by HM Treasury.

This has regularly resulted in secondary legislation being presented to us without meaningful analysis of impact or interactions with other parts of the benefit system.

The absence of evidence underpinning some of the Government’s policy choices has been a significant concern to us over the past year, and we hope that the Government will adjust this aspect of its approach to policy-making in the coming year.”

He added: “The committee has noted in the past the absence of analytical material on the cumulative impact of welfare reforms.”

Gray also draws attention in particular to tax credit changes proposed in the summer budget highlighting “the lack of available evidence to support the policy changes being presented to us”.

Gray concludes: “There can be no question that this committee is hampered in its role of scrutinising proposed changes in cases where the supporting explanatory material and evidence is scant.”

It’s a point I have made myself many many times. However, unlike the government, I do tend to include evidence and analysis in my ongoing critique of Conservative policies.

The ideological drive to dismantle the welfare state

Despite the relentless Conservative attacks on social security since 2010, (which is funded by the citizens that it supports when they experience hardships), Theresa May will not rule out delivering yet more brutal welfare cuts if the economy suffers a downturn because of Britain exiting the EU. The prime minister refused to offer any guarantees that she will spare struggling families if Whitehall savings are needed in the coming months. 

May has made it clear there will be no end to Tory austerity, she said: “What I’m clear about is we’re going to continue as we have done in Government over the last six years – ensuring that we’re a country that can live within our means.”

I’m just wondering how awarding millionaires £107,000 each per year in the form of a “tax break” in 2012 at the same time as introducing the radical cuts to social security can possibly be construed as an act that ensures “a country that can live within our means.” It seems to me that the Conservatives want to completely dismantle our welfare state, along with all the other gains of our social settlement (social housing, the NHS, legal aid and public services) but fear public opposition.

So rather than be honest about their intention, the Conservatives have chosen to stigmatise people needing welfare support to disperse public sympathy, to create scapegoats and generate moral panic. The public gradually come to accept the anti-welfare narrative as “fact”, despite the lack of evidence and analysis. Moral and rational boundaries will be pushed, prejudice will advance stage by stage. The incremental cuts will continue until there is nothing left to cut.

Earlier this year, the chancellor was forced to try and defend his decision to use the cuts in disability benefits to fund tax breaks for the wealthy. Controversially, the cuts benefitted the top 7% of earners. The Chancellor raised the threshold at which people start paying 40p tax, in a move that saw many wealthier people pulled out of the higher rate of income tax. 

Osborne callously claimed that the Conservative government was “increasing spending on disabled people”, he said: “Controlling welfare bills is part of what you need to do if you’re a secure country confronting the problems in the world.” It was an utterly ludicrous comment.

The cuts to ESA and PIP show an intended substantial reduction on government spending to essential support for disabled people.

In a wealth transfer from the poorest to the very rich, we have witnessed the profits of public services being privatised, but the losses have been socialised – entailing a process of economic enclosure for the wealthiest. The burden of losses have been placed on the poorest social groups and some of our most vulnerable citizens – largely those people who are ill, disabled and elderly. The Conservative’s justification narratives regarding their draconian policies, targeting the poorest social groups, have led to media scapegoating, social outgrouping, persistent political denial of the aims and consequences of policies and reflect a wider process of political disenfranchisement of the poorest citizens, especially sick and disabled people.

That the cuts are ideologically driven, and have nothing whatsoever to do with economic necessity, was demonstrated only too well by the National Audit Office (NAO) report earlier this year. The NAO scrutinises public spending for Parliament and is independent of government. The report indicates how public services are being appropriated for purely private benefit.

The audit report in January concluded that the Department for Work and Pension’s spending on contracts for disability benefit assessments is expected to double in 2016/17 compared with 2014/15. The government’s flagship welfare-cut scheme will be actually spending more money on the assessments conducted by private companies than it is saving in reductions to the benefits bill.

From the report:

£1.6 billion
Estimated cost of contracted-out health and disability assessments over three years, 2015 to 2018

£0.4 billion
Latest expected reduction in annual disability benefit spending.

This summary reflects staggering economic incompetence, a flagrant, politically motivated waste of tax payer’s money and even worse, the higher spending has not created a competent or ethical assessment framework, nor is it improving the lives of sick and disabled people. Some people are dying after being wrongly assessed as “fit for work”and having their lifeline benefits brutally withdrawn. Private companies like Maximus are paid millions from our welfare budget, yet they are certainly not “helping the government” to serve even the most basic needs of sick and disabled people.

However, private companies serve the private needs of a “small state” doctrinaire neoliberal government, and making lots of private profit whilst it does so. The Conservatives are systematically dismantling the UK’s social security system, not because there is an empirically justifiable reason or economic need to do so, but because the government has purely ideological, anticollectivist, antidemocratic, profoundly uncivilising prescriptions and longstanding class-based prejudices.

When the Conservatives say they are going to “tackle poverty”, what they mean is that they intend to rigidly police the poor, rather than alleviate poverty. Meanwhile, the new right’s economic enclosure act – austerity – will continue to impoverish many more. The state will respond to each crisis with more authoritarianism and psychopolitical techniques of persuasion, amplified via the media. And the wealthy and powerful will become wealthier and more powerful.

Unless we collectively fight back.

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Related

The Conservative approach to social research – that way madness lies

Cases of malnutrition continue to soar in the UK

Two key studies show that punitive benefit sanctions don’t ‘incentivise’ people to work, as claimed by the government

Benefit Sanctions Can’t Possibly ‘Incentivise’ People To Work – And Here’s Why

 


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The benefit cap, phrenology and the new Conservative character divination

“This is a round up.”

The song is about a world where citizens are deeply suspicious of one another, where fear of the Other is politically instigated and nurtured, social conformity, discrimination, exclusion and prejudice reign supreme. It’s about a society blindly climbing Allport’s ladder.

 

“Of the forehead, when the forehead is perfectly perpendicular, from the hair to the eyebrows, it denotes an utter deficiency of understanding.” Johann Kaspar Lavater, phrenologist (1741–1801).

 

Back in the nineteenth century, phrenology was the preferred “science” of personality and character divination. The growth in popularity of “scientific” lectures as entertainment also helped spread phrenology to the masses. It was very popular among the middle and working classes, not least because of its simplified principles and wide range of social applications that were supportive of the liberal laissez faire individualism inherent in the dominant Victorian world view. It justified the status quo. Even Queen Victoria and Prince Albert invited the charlatan George Combe to feel the bumps and “read” the heads of their children.

During the early 20th century, there was a revival of interest in phrenology, partly because of studies of evolution, criminology and anthropology (pursued by Cesare Lombroso). Some people with political causes used phrenology as a justification narrative for European superiority over other “lesser” races. By comparing skulls of different ethnic groups it supposedly allowed for ranking of races from least to most evolved.

It’s now largely regarded as an obsolete and curious amalgamation of primitive neuroanatomy, colonialist supremicism with a dash of moral philosophy. However, during the 1930s Belgian colonial authorities in Rwanda used phrenology to explain the so-called superiority of Tutsis over Hutus. More recently in 2007, the US State of Michigan included phrenology (and palm reading) in a list of personal services subject to sales tax. 

Any system of belief that rests on the classification of physical characteristics is almost always used to justify prejudices, social stratifying and the ranking of human worth. It highlights what we are at the expense of the more important who we are. It profoundly dehumanises and alienates us.

Though the saying “you need your bumps feeling” has lived on, may the pseudoscience of phrenology rest in pieces. 

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Phrenology is dead: long live the new moralising pseudoscience

The Conservatives have simplified the art of personality and character divination. They have set up a new economic department of the mind called the Behavioural Insights Unit. This fits with the age old Conservative motif of a “broken Britain”and their obsessive fear of social “decay and disorder.” Apparently, we are always on the point of moral collapse, as a society. And apparently, it isn’t the government’s decision-making that is problematic: poor people are entirely responsible for the poor state of our country. Those who have the very least are to blame. That’s why they need such targeted austerity policies, to ensure they have even less. We can’t have the poor being rewarded with not being poor, that’s just bad for big business.

Under every Conservative government, we suddenly see the proliferation of bad sorts; cognitively biased and morally incompetent people making the wrong choices everywhere and generally being inept, non-resilient and deficient characters. The way to diagnose these problems of character, according to the government, is to establish whether or not someone is “hard working”. This is usually determined by the casting of chicken bones, and a quick look at someone’s bank balance. If it lies offshore, you are generally considered a jolly good sort.

If you need to claim social security, be it in-work or out-of-work support, then you are most definitely a “wrong sort”; a faulty person and therefore in need of some state treatment to put you right, just to ensure that your behaviours are optimal and aligned with politically defined neoliberal outcomes. Apparently, poor people are the new “criminal types.” The only cure, according to the government, is to make poor people even poorer, by a variety of methods, including a thorough, coercive nudging: a “remedial” income sanctioning and increased conditionality to eligibility for support; benefit cuts; increasing welfare caps and a systematic dismantling of the welfare state more generally,

Oh, and regular shaming, outgrouping, stigmatising and scapegoating in the meanstream media and political rhetoric, designed to create folk devils and moral panic.

The new benefit cap: a policy designed by the neoliberal rune casters

The regressive benefit cap will save a paltry amount of money in the short term. In the long term it will cost our health and social services many millions. It’s misleading of the government to claim that it will save the “tax payers” money, since most people needing to claim social security have worked and paid taxes too. VAT is also a tax, and last time I checked, people needing support because they lost their job or became sick or injured are not exempt from paying taxes. In fact the poorest families pay the highest proportion of their income in tax

We forget that people in poverty pay taxes because we forget how many different ways we are taxed:

  • VAT
  • Duties
  • Income tax
  • National Insurance
  • Council tax
  • Licences
  • Social care charges, and many others taxes
  • Bedroom tax

Of course there’s a stark contrast in the way the state coerces the poorest citizens into behaving “responsibly”, carrying the full burden of austerity, while there is an abject failure to rein in executive pay, or to tax the Conservative party paymasters, and recover the billions lost in revenue to the Treasury through tax havens.

Poor people get the bargain basement package of behavioural incentives – which is all stick and no carrots – whereas the wealthy get the deluxe kit, with no stick and plenty of financial rewards. 

Nearly a quarter of a million children from poor families will be hit by the extended household benefit cap due to be introduced this autumn, according to the government’s latest analysis of the impact of the policy. It will see an average of £60 a week taken out of the incomes of affected households that are already poor, pushing them even deeper into poverty. About 61% of those affected will be female lone parents.

The cap will damage the life chances of hundreds of thousands of children, and force already poor families to drastically cut back on the amount they spend on essential items to meet basic needs, such as food, fuel and clothing. Originally benefit rates were calculated to meet basic survival needs – covering the costs of food, fuel and shelter only. 

The new cap unjustifiably restricts the total amount an individual household can receive in benefits to £23,000 a year in London (£442 a week) and £20,000 in the rest of the UK (£385 a week). It replaces the existing cap level of £26,000. All of this support is dependent on whether or not you comply with the very complex conditionality criteria. The support can be withdrawn suddenly, in the form of a sanction, for any number of reasons, and quite often, because your benefit advisor simply has targets to reach in order to let you know that nothing at all may be taken for granted: eating, feeding your children, sleeping indoors and keeping warm in particular.  

The government claims the cap incentivises people to search for work, and says that 23,000 affected households have taken a job since the introduction of the first cap in 2013. However, the government uses “off flow” as a measurement of employment, which is unreliable, as studies have indicated many claimants simply vanish from record.

Worryingly, an audit in January this year found that the whereabouts of 1.5 million people leaving the welfare records each year is “a mystery.” The authors also raise concern that the wellbeing of at least a third of those who have been sanctioned “is anybody’s guess.” It’s not the first time these concerns have been raised.

It emerged in 2014, during an inquiry which was instigated by the parliamentary Work and Pensions Select Committee, that research conducted by Professor David Stuckler shows more than 500,000 Job Seekers Allowance (JSA) claimants have disappeared from unemployment statistics, without finding work, since the sanctions regime was toughened in October, 2012.

This means that in August 2014, the claimant count – which is used to gauge unemployment – is likely to be very much higher than the 970,000 figure that the government is claiming, if those who have been sanctioned are included.

A Department for Work and Pensions (DWP) spokesman said: “The benefit cap restored fairness to the system by ending the days of limitless benefit claims and provides a clear incentive to move into work.”

However, firstly, social security is based on a national insurance contribution principle, and was already fair. Most people have worked and contributed to their own provision. Secondly, people in work are also poor. Those on low pay who need to claim additional support are also being sanctioned for “non-compliance”. In fact  much of our welfare spending goes towards supporting those people in work on low wages. We spend most on pensions, a large amount on in-work benefits and relatively little provision is for those out of work. The DWP don’t half chat some rubbish. A fair system would entail the government ensuring that employers pay adequate wages that cover rising living costs, instead of permitting employers to profit from our welfare state.

In a deregulated labour market, poorly paid workers are now held individually and entirely responsible for how much they earn, how many hours they work, and generally “progressing in work”. If they don’t “progress”, then what used to be an issue for trade unions and collective bargaining is now an issue addressed by punitive social security law, authoritarian welfare “advisors” and financial penalties.  

You can see where the incremental increases in the benefit cap are leading the public. The justifications and line of reasoning presented by the Conservatives are leading us down a cul-de-sac of rationale, where the welfare state is completely dismantled, and the reason given will be that this ensures “everyone works”, regardless of labour market conditions and the availability of reasonable quality and secure jobs that pay enough to support people, meeting their basic needs sufficiently to lift them out of poverty.

If these measures are intended to force people into work, this government’s self-defeating, never-ending austerity policy is hardly the ideal economic climate for job creation and growth, and where are the affordable social homes for the growing ranks of low paid workers in precarious financial situations because of increasing job insecurity and zero hour contracts? The gig economy is a political fig leaf.

An official evaluation of the cap by the Institute for Fiscal Studies in 2014 found the “large majority” of capped claimants did not respond by moving into work, and a DWP-backed study in Oxford published in June found that cutting benefit entitlements made it less likely that unemployed people would get a job. Not that we didn’t already know this. If people cannot meet their basic needs, then they simply struggle to survive and cannot be “incentivised” to meet higher level psychosocial needs. The government need to read about Maslow’s hierarchy of needs, and the Minnesota starvation experiment. (See Welfare sanctions can’t possibly “incentivise” people to work .)

Joanna Kennedy, chief executive of the charity Z2K, said: “Our experience helping those affected by the original cap shows that many of those families will have to reduce even further the amount they spend on feeding and clothing their children, and heating their home to avoid falling into rent arrears and facing eviction and homelessness.”

As Patrick Butler points out in the Guardian, the government have already been ordered to exempt carers from the cap after a judge ruled last year that it unlawfully discriminated against disabled people by capping benefits for relatives who cared for them full time. Ministers had argued that carers who looked after family members for upwards of 35 hours a week should be treated as unemployed.

A previous court ruling found that the benefit cap breached the UK’s obligations on international children’s rights because the draconian cuts to household income it produced left families unable to meet their basic needs. This is the fifth wealthiest nation in the world, and supposedly a first world liberal democracy.

The deputy president of the supreme court, Lady Hale, said in her judgment: “Claimants affected by the cap will, by definition, not receive the sums of money which the state deems necessary for them adequately to house, feed, clothe and warm themselves and their children.

As Stephen Preece from Welfare Weekly pointed out yesterday, the word vulnerable suggests that people are weak, when in fact they are only made vulnerable through the actions or inaction of those around them, including (and especially) the government. I agree. To label people as vulnerable displaces responsibility from government and diverts us from the reality and nature of the punitive policies aimed at poor citizens – this is political oppression. 

Ideological justification narratives and pseudoscience

I waded through the government document Welfare Reform and Work Act: Impact Assessment for the benefit cap. Basically the government use inane nudge language and their central aim is to “incentivise behavioural change” throughout the assessment. But they then claim that they can’t predict or accurately measure that. It is very difficult to measure psychobabble accurately though, it has to be said.

There are a lot of techniques of neutralisation and euphemisms peppered throughout the document. For example, taking money away from the poorest citizens is variously described as: “achieving fairness for taxpayers” (as previously stated, people claiming benefits have usually worked: they have and continue to pay taxes); “ensures there is a reasonable safety net of support for the most vulnerable” (by cutting it away further).and “strengthening work incentives”. 

For those alleged free riders claiming support because they fell on hard times, “doing the right thing” and “moving into work” is deemed to be the ultimate aim of the cap, regardless of whether or not the work is secure, appropriate, with adequate levels of pay to lift people out of poverty. Work, in other words, will set us free.

I also took the time and trouble to read the studies that the government cited as “evidence” to support their pseudoscientific claims. The government misquoted and misapplied the research they used, too. They made claims that were NOT substantiated by the scant research referenced. And there are many more studies that completely refute the outrageous and ideologically premised government claims made in this document. 

For example, Freud makes the claims that: “Children in households where neither parent is in work are much more likely to have challenging behaviour at age 5 than children in households where both parents are in paid employment. Growing up in a workless household is associated with poorer academic attainment and a higher risk of being not in education, employment and training (NEET) in late adolescence.”

The study cited was Barnes, M. et al. (2012) Intergenerational Transmission of Worklessness: Evidence from the Millennium Cohort Study and Longitudinal Study of Young People in England. Department for Education research report 234. It says:

“Though it must be stated that much of the association between parental worklessness and these outcomes was attributable to these other risk factors facing workless families. Parental worklessness had no independent effect on a number of other outcomes, such as children’s wellbeing (not being happy at school, being bullied and bullying other children), feelings of lack of control, becoming a teen parent, and risky behaviour. This evidence provides limited support for a policy agenda targeted only at getting parents back into work. ”

It is poverty, not “worklessness” that creates poor social outcomes. That is why around half of the people queuing at food banks are those in work. The biggest proportion of welfare support paid out is in-work benefits.

Freud also states that: “A lower cap recognises that many hard working families earn less than median earnings – a lower cap provides a strong work incentive.”

Actually, raising wages in line with the cost of living would be a far better incentive, instead of punishing unemployed people for the failings of a Conservative government that always oversees an increasingly desperate reserve army of labour, and ever-falling wages. 

Perhaps one of the most outrageous claims made in the document is that the cap is consistent with “UN Convention on the Rights of Persons with Disabilities.” Those sick and disabled people in the ESA work-related activity group are not protected from the cap. The government is currently being investigated by the UN for “gross and systematic” abuses of the human rights of disabled people, because of the previous welfare “reforms” (a euphemism for cuts).

This is an authoritarian government that is coercing people into any low paid and insecure work, regardless of how suitable it is. It’s about dismantling the welfare state, bit by bit. It is about ensuring people are desperate so that people’s right to turn down jobs that are unsuitable, thus reducing any kind of scope for collective bargaining to improve working conditions and pay, is removed. It’s also about bullying people into doing what the government wants then to do, removing autonomy and choices. That isn’t “incentivising”, it’s plain and brutal state coercion. All bullies and tyrants are behaviourists. 

It’s impossible not to feel at least a degree of concern and outrage reading such incoherent, flimsy and glib rubbish from an ideologically-driven government waging a full on class war on the poorest citizens, and then claiming that is somehow “fair” to the “taxpayer”. And it’s noteworthy that there is a harking back to the discredited and prejudiced theories of Keith Joseph – “intergenerational worklessness” – which were debunked by the theorists’ OWN research back in the Thatcher era. It is being paraded as irrefutable fact once again. 

I’m expecting a government phrenology unit to be established soon.

And an announcement that the Department for Work and Pensions is to be renamed the Malleus Maleficarum.

220px-1895-Dictionary-Phrenolog


 

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