Tag: ESA

The government are challenging independent disability assessment appeal decisions

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In 2017, the then minister for disabled people, Sarah Newton, said that the Department for Work and Pensions (DWP) was “recruiting, training and deploying” approximately 150 presenting officers (POs) to attend Personal Independence Payment (PIP) and Employment and Support Allowance (ESA) tribunals “in order to present the Secretary of State’s case and support the first tier tribunal in arriving at the right decision”.

The question is the ‘right decision’ for whom? It’s certainly not disabled people.

Given that, at the point of appeal, the Secretary of State’s case has already been presented twice –  at the first DWP decision following assessment and again during the mandatory review – it seems that the government is using an incredibly oppressive and authoritarian approach to prevent successful appeal outcomes for ill and disabled people trying to access disability-related social security alone, without legal aid and support in the majority of cases. 

Last week I spoke to someone who won her PIP appeal following a reassessment which had resulted in the loss of her PIP award. After waiting two weeks for some communication from the DWP,  she rang to see when her award would be reinstated. She was informed that the DWP had requested the full written reasons for the tribunal’s decision, and that they were considering challenging the court’s decision. If the DWP decide to proceed with their challenge, they must apply for permission to appeal.

The application must be made within one month of the date of the tribunals’ written statement of reasons. So far, the claimant has been left without her award for 13 weeks, and she is very distressed. Having gone through mandatory review and appeal, she is utterly exhausted and the stress of the process has significantly exacerbated her illness – she has multiple sclerosis. Since her assessment, she has also needed treatment for anxiety and depression.

The claim for PIP was in relation to her physical disabilities, but she has become mentally unwell as a direct consequence of her extremely distressing experiences. The DWP will be permitted to appeal the tribunal’s decision only if it is considered that the decision resulted from an error of law. Once the tribunal have received the request the chair of the tribunal will provide a written statement to the claimant and the DWP explaining why they awarded PIP.  It can take up to 12 weeks for the written statement to be sent out.  

I co-run a support group online for people going through ESA and PIP claims, assessments, mandatory review and appeals. We are seeing a rise in the number of cases where the DWP are requesting written reasons for the decision of the tribunal, but quite often, it eventually emerges that they are not proceeding with an appeal. 

This leaves people waiting many months with the fear they may lose their lifeline award, causing a lot of additional and unnecessary distress. Furthermore, the DWP are not keeping people informed of their intentions in a reasonable and timely manner, which adds significantly to the distress and uncertainty that the whole awful process has created.

There are two people who have waited over 12 months after they won their appeal, while being told by the DWP that they are still awaiting the judge’s decision as to whether the DWP can proceed with a challenge. Meanwhile, the DWP refuse to discuss the details of the matter any further when people ask for details and an idea of a timescale.

One person told me he felt that the DWP are “intentionally playing mind games to demoralise and scare people”, and that leaving people feeling precarious was “a deliberate strategy” to undermine people’s expectation of support, and 

Someone else who won their PIP appeal has been left for four months without any payments, the DWP claim he owes them money for an overpayment, and refuse to release the money he is owed. However, he told me that he does not owe any money, and has never been overpaid, as prior to his relatively recent claim for PIP and ESA, he was in work and received no social security. He ahs also been forced to appeal the DWP’s decision not to award him ESA. 

The DWP were allocated £22m of public money to hire the “presenting officers” to “support” the DWP at disability benefit tribunals. Disability campaigners warn that these 180 presenting officers, rather than helping judges to make fair decisions about whether to overturn the DWP’s rejection of someone’s claim for benefits, will inevitably argue as forcibly as possible in the government’s favour. The aim is to cut the number of successful appeal outcomes for claimants. The reality is that PO’s are sent by the DWP to try to discredit claimants’ accounts and to argue forcibly for the DWP’s interpretation of the law to be accepted. 

A freedom of information request by Disability News Service resulted in them being sent forms that have to be completed by presenting officers after each tribunal they attend.

Included in the documents are the following questions for presenting officers attending ESA and PIP tribunals, respectively:

“PO impact – Was SG [support group] award averted”

“PO impact – was enhanced PIP award averted?”

DNS quotes a DWP insider, saying that presenting officers are being given the ‘target’ of stopping enhanced PIP payments and that this was placing ‘immoral pressure’ on presenting officers. (See the full article: ‘Truly appalling’ revelations ‘show DWP is subverting justice’ at appeal tribunals.)

The DWP outline says: “The PO must be confident that the decision is accurate and prepared to lapse appeals where this is not the case. They must highlight inconsistencies and take appropriate action when new evidence comes to light, including making a critical assessment of its validity.

But surely that is the role of an independent court.

At the time, Marsha de Cordova, Labour’s shadow minister for disabled people, described the DWP’s admission as “truly appalling”.

She said: “The idea that the ‘impact’ of DWP staff is being assessed on whether they managed to get ESA support group or enhanced PIP awards ‘averted’ is truly appalling.

“Presenting officers are supposed to be there to provide fair and balanced evidence of a claimant’s needs.

“In May last year [2017], freedom of information requests revealed that the DWP was setting targets to reject 80 per cent of social security appeals at mandatory reconsideration.

“They clearly haven’t changed their approach.”

She added: “The whole system is broken: from assessments where, for example, only eight per cent of claimants think assessors understood their mental health, through to appeals where judges are overturning over 67 per cent of initial ESA and PIP decisions.

“Labour will scrap the current PIP and ESA assessments, bringing an end to the Conservatives’ failed, privatised assessment system.

“Instead of enforcing a culture of distrust and cost-cutting, we will work with disabled people to ensure that they have personalised, holistic support to live full and independent lives.”

The assessment process, from beginning to end, is almost entirely about providing opportunities for assessors and DWP decision makers to manufacture as many far fetched ‘inconsistenciesas they can to prevent awards and deter as any higher rate awards as possible.

This means that PIP is not about meeting the needs of disabled people, it is about how little the state can get away with paying out from public funds, regardless of a person’s needs and entitlement.

It was acknowledged in my own PIP assessment report that I had cognitive difficulties because of my illness. The HCP said that I had difficulty focusing when asked questions and needed prompting. She acknowledged that I rely on a 7 day pill organiser to ensure I take my medication safely and correctly.

However, the report said that I had a degree (I graduated back in 1996), I had worked in a profession – as a social worker (until 2010, when I became too ill to work) and I had a driving licence in 2005 (I haven’t been able to drive since 2005 because of flicker-induced partial seizures). The assessment took place in 2017. I was not awarded a point for cognitive problems, and was just one point short of an enhanced PIP award. The reasoning behind not awarding the one point was unreasonable, irrational pretty thinly stretched, given that I cannot drive, I was forced to give up work in 2010, and I graduated in 1996. The decision at mandatory review was exactly the same, with the same woefully incoherent reasoning presented again.  

In November 2017, POs attended 23% of all first tier PIP tribunals, but the aim back then is to increase this to 50%.

It would seem likely that presenting officers are being used primarily to target claimants who are likely to be seeking enhanced rates of PIP or the support group of ESA. In which case their presence has nothing to do with improving decision making by feeding back to colleagues and everything to do with taking awards from disabled people, regardless of the high price disabled people have to pay in terms of loss of independence, loss of income to meet their basic and additional needs, placing them in unacceptable situations of severe hardship. 

A claimant who secretly recorded his personal independence payment (PIP) assessment and provided a transcript to a tribunal has won his appeal against a disability living allowance (DLA) to PIP transfer decision, the BBC has reported.

Nev Cartwright, 45, received DLA because of breathing difficulties caused by a lung tumour which led to his left lung being removed.

Last year he was told to attend a ‘medical’ to assess him for PIP instead of DLA. Because he had seen a programme the night before questioning the fairness of PIP assessments, Nev decided to secretly record the interview on his mobile phone.

As a result of the assessment Nev lost his higher rate mobility and had to return his Motability car.

When he read the PIP assessors report he realised that there was information missing and other details such as his peak flow reading, had been altered. The effect was to make Nev seem much more mobile than he actually was.

Nev had a professional company write a transcript of his assessment recording and asked to be allowed to submit it as evidence for his appeal.

The DWP tried to prevent the transcript being admitted by the tribunal, but they failed and the transcript was taken into account. As a result Nev won his case and now has his Motability vehicle again.

Given the very costly restrictions attempt to place on openly recording your PIP assessment, it is not surprising that some claimants turn to doing so covertly. Although we have had members who have used relatively inexpensive cassette recorders at their assessment.

It is not illegal to secretly record your assessment.

But if you are caught doing so and refuse to stop, the interview is likely to be ended and you will be held by the DWP to have failed to take part in the assessment with the result that you will not be awarded PIP.

This imbalance of power is most certainly subverting justice for disabled people. We often hear about the outright unfair methods the DWP uses to cut disabled people’s income when they have been held to account. But for every case we hear about where justice prevails in the end, there are many more that slip under the radar, because perhaps some of us are simply too ill, exhausted and disheartened to appeal alone, without any legal support, while the government spends hundreds of thousands of pounds of public funds to prevent us from having a fair and balanced assessment and hearing, and accessing the social security support that most of us have paid towards.

Meanwhile, Atos and Capita have come under fire for the reported mishandling of as many as a third of the PIP assessments they carried out. The firms received a raise for their efforts last year, raking in more than £250 million each for the controversial disability welfare checks, despite Parliament’s Work and Pensions Committee recently suggesting vulnerable people had been “pushed to the brink of destitution” by the contractors’ handling of the scheme.

That’s because the private companies are contracted to do precisely that by the government.

pip-esa inhumane

 


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Meet the new disability minister, same as the old disability minister

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Justin Tomlinson MP (pictured above) has been appointed as the new disabilities minister following the resignation of Sarah Newton MP last month over Brexit. 

Tomlinson is the Conservative MP for North Swindon and is a former member of the Commons Work and Pensions Select Committee, a cross-party group of MPs charged with scrutinising government welfare policy.

He was appointed Parliamentary Under Secretary of State for Disabled People following the 2015 general election victory of the Conservative Party, serving until Theresa May reshuffled the government in 2016.

In May 2015, it was reported by The Huffington Post that his appointment as Minister for Disabled People was controversial as he had previously voted against protecting the benefits of disabled children and those undergoing cancer treatment.

He was a minister that defended George Osborne’s budget cuts to disabled people’s support, which was aimed at saving £1.3bn and contributing to an economic surplus. 

However, there was no political, economic or moral justification for the Conservative’s decision to cut support for disabled citizens while controversially increasing tax benefits for the wealthiest. This simply indicates just how unfair Conservative policies are, and how such policies cannot fail to engineer socioeconomic inequality. 

At the time, lifelong Conservative voter, Graeme Ellis, said he had quit the party over the cuts – and made his views known on the official website of the Conservative Disability Group, on whose executive he has served.

“This website is temporarily closed owing to Disability Cuts,” a message on the site read after Osborne confirmed the cuts to Personal Independent Payments (PIP).

“The owner of the hosting package, Graeme Ellis, has resigned over disability cuts from the group and will no longer develop or host this site.

Tory disability home page

HTTP://CONSERVATIVEDISABILITYGROUP.ORG.UK/

The message was later amended to emphasise that no other member of the group was involved in the action and they had not known about it in advance.

Ellis, a former NHS worker who has diabetes and uses a wheelchair, said Osborne was “destroying lives”.

“I’ve been a Conservative voter since I could vote. But as a lifelong Conservative I could no longer agree with what the Government’s doing,” he said.

A Conservative Party spokesman said at the time: “The Conservative Disability Group has not deactivated its website.

“The owner of the domain, who is no longer a member of the group, has deactivated it without any instruction to do so.” 

Tomlinson caused a furious backlash after he suggested taking in a lodger may help families cope with the benefit cap. He was branded “ignorant” and “out of touch” after raising the idea as one way people have dealt with the £20,000-a-year limit per household on welfare payments. David Smith, policy director at the Residential Landlords Association, suggested Tomlinson did not understand basic rules in tenancy agreements. At the time, Tomlinson was the Parliamentary Under-Secretary (junior government minister) for Family Support, Housing and Child Maintenance within the Department for Work and Pensions.

He said most private landlords ban tenants from taking in lodgers – either because of restrictions in mortgages or extra legal burdens for the landlord.

Frank Field, chairman of the Commons Work and Pensions Committee, told the Mirror after the hearing: “What it shows is ministers find defending the benefit cap difficult.

“Many people would be breaking they tenancy agreement to follow the minister’s advice.”

People who live in council housing or housing association property would be breaking the rules of their tenancy by taking in a lodger and subsequently may be evicted.

Such an out of touch, ignorant and uncaring statement shows a woeful lack of understanding and empathy for people who are often in financial dire straits directly because of government policy.

Tomlinson was suspended from the House of Commons in 2016 for leaking a draft committee report. He shared the findings of an inquiry into regulating consumer credit with a Wonga employee in 2013. MPs backed the finding by the Commons Committee of Privileges that he had “committed a contempt” in disclosing the report. The incident happened when Tomlinson was a member of the Public Accounts Committee (PAC) in May 2013.

He gave a confidential draft report on regulating consumer credit to an employee of payday lender Wonga, who replied with comments and suggested amendments to the report. Apparently, Tomlinson presented the amendments, word for word to the Committee as if they were his own. 

Parliamentary Commissioner for Standards Kathryn Hudson noted that Tomlinson’s actions “provided Wonga with an additional opportunity, not available to or known to anyone else, to influence the recommendations of the committee”.

Justin Tomlinson’s dismal voting record

Tomlinson has:

  • Generally voted against laws to promote equality and human rights.
  • Almost always voted for reducing housing benefit for social tenants deemed to have excess bedrooms.
  • Consistently voted against raising welfare benefits at least in line with prices.
  • Consistently voted against paying higher benefits over longer periods for those unable to work due to illness or disability.
  • Consistently voted for making local councils responsible for helping those in financial need afford their council tax and reducing the amount spent on such support.
  • Consistently voted for a reduction in spending on welfare benefits.
  • Consistently voted against spending public money to create guaranteed jobs for young people who have spent a long time unemployed.

Source: theyworkforyou.com

 


 

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Misleading DWP letter to GPs is depriving disabled people of lifeline support

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Credit: PA Images

Last month I reported about the issues raised by the Department for Work and Pensions’ ESA65B GP’s letter template, which was only recently placed on the government site, following a series of Parliamentary Written Questions.

Campaigners and MPs have called for the Department for Work and Pensions (DWP) standard letter to GPs to be scrapped after it emerged that ill and disabled appealing against unfair work capability assessment (WCA) decisions were left in near destitution after their GPs refused to provide further ‘fit notes’, because they were advised they did not need to by DWP officials.

It emerged that ministers ordered changes to the standard-issue letter to remove references that made it clear to GPs they may have to issue a medical statement if their patient wished to appeal against a WCA decision. The DWP claims this was not intended to dissuade GPs from issuing fit notes. 

Those people who challenge WCA decisions are entitled to continue to receive employment and support allowance (ESA) at basic rate, worth £73.10 a week while they await their appeal hearing, but to do so they must obtain fit notes from their GPs to prove they are too ill to work.

They must also await the outcome of a mandatory review.  Before a claimant may lodge an appeal, the must first ask the DWP to ‘reconsider’ their original decision. However, the DWP has a stated target of upholding 80% of their original decisions, so the majority of people then have to appeal following the review outcome. The law says that the claimant may claim basic rate ESA following mandatory review if they wish to proceed with an appeal.

So the misleading change to the template letter routinely sent from the DWP to GPs has led to people who have lodged an appeal against an unfair decision being blocked from claiming ESA while awaiting the appeal hearing. This prevents many low-income disabled people from accessing financial support while they wait for months on end to go to tribunal. Furthermore, we know that catastrophically inaccurate assessments within the DWP are pretty much the norm. Nationally, 72% of people who appeal against their work capability assessment decision are successful.

Entitlement to ESA pending appeal is enshrined in the ESA Regulations to cover the whole of the period leading up the hearing. It is also possible to have the payment backdated to cover the Mandatory Review waiting period too – it can take over six weeks for the DWP to review their original decision, over which time people are left without welfare support.

ESA pending appeal is not paid automatically – people usually have to ask for it, and must provide fit notes from their GP, presenting these along with their appeal acknowledgment letter from the Tribunal Courts to their local Job Centre. The Job Centre should report back to the DWP who will arrange for ESA pending appeal to be paid.

From last year, then minister for disabled people, Sarah Newton, responded to one of several Written Questions from Emma Dent Coad, saying: “The ESA65B letter is issued to GPs in every case where an Employment and Support Allowance (ESA) claimant has been found ‘fit for work’. This process was built into the IT system as part of the introduction of ESA in October 2008. 

“Following a Ministerial requirement by the Cabinet Secretary, which was endorsed by the Secretary of State for Work and Pensions, the content of the ESA65B letter has been improved in order to explain to GPs the type of support customers can expect to receive from their local Jobcentre, and to ask GPs to encourage customers in their efforts to return to work.” [My emphasis]. 

The decision to change the letter template was made without any scrutiny from or consultation with parliament or the public.

The standard letter, titled “Help us support your patient to return to or start work.” says: “We assessed [Title] [First name] [Surname] on and decided that [select] is capable of doing some work, but this might not be the same type of work [select] may have done before.

“We know most people are better off in work, so we are encouraging [Title] [First name] [Surname] to find out what type of work [select] may be able to do with [select] health condition or disability through focused support at [select] local Jobcentre Plus.

“In the course of any further consultations with [Title] [First name] [Surname] we hope you will also encourage [select] in [select] efforts to return to, or start, work

“Please do not give [Title] [First name] [Surname] any more fit notes relating to [select] disability/health condition for ESA purposes.

Minister for disabled people, Sarah Newton, responded to one of several Written Questions from Emma Dent Coad, saying: “The ESA65B letter is issued to GPs in every case where an ESA claimant has been found ‘fit for work’. This process was built into the IT system as part of the introduction of ESA in October 2008. 

“Following a Ministerial requirement by the Cabinet Secretary, which was endorsed by the Secretary of State for Work and Pensions, the content of the ESA65B letter has been improved in order to explain to GPs the type of support customers can expect to receive from their local Jobcentre, and to ask GPs to encourage customers in their efforts to return to work.” [My emphasis]. 

Professor Helen Stokes-Lampard, the chair of the Royal College of GPs (RCGP), said the lack of clarity over when GPs should issue fit notes could put patients’ finances and health at risk. “No GP wants that, and it only serves to threaten the long-standing trust that patients have in their family doctor.”

Until 2017 the standard letter advised GPs that if their patient appealed against the WCA decision they must continue to provide fit notes.

However, on (undisclosed) ministerial orders, the letter now states that GPs “do not need to provide any more fit notes for ESA purposes”. It does not mention the possibility that the patient may appeal, or that a fit note is needed for the patient to obtain ESA payments until the appeal is heard.

Frank Field, the chair of the work and pensions select committee, has also raised the issue with the then disability minister Sarah Newton back in January. Newton replied that the wording was amended “to make the letter simpler and clearer”, adding that DWP communications were intended to be “clear, understandable and fit for purpose”.

Field replied that the wording was “not having the desired effect”, and urged her to revise it to make clear ESA claimants on appeal were entitled to fit notes. “This simple step could greatly ease the stress and worry that people who are awaiting an appeal experience.”

A DWP spokesperson said: “These letters simply inform GPs when a claimant has been found fit for work and are not intended to dissuade them from issuing fit notes for ESA appeal purposes, to claim otherwise is inaccurate.”

However, there is a hint the letter may be changed. Newton told Field: “We are committed to ensuring our communication is clear, which is why the wording of this letter was cleared by both the British Medical Association and the Royal College of General Practitioners (RCGP). However, we will of course consider feedback when revising the letter.”  Newton tends to stick to a script in her responses, though. She told Emma Coad Dent exactly the same thing, almost word for word last year, in her response to a Written Question.

It remains very unclear on what basis the RCGP agreed to the new wording as the change was agreed at a DWP stakeholder meeting for which, according to Newton, there are no formal minutes. Newton confirmed this in the correspondence between herself and Field, as well as in her responses to Emma Coad Dent’s long series of Written Questions on this issue.

Firstly, on 16 May, last year, Newton says: “The Cabinet Secretary first issued the requirement to revise the ESA65B letter in November 2014.

“The wording of the ESA65B was changed to emphasise the benefits of work and to ask GPs to encourage their patients in their efforts to return to some form of work.”

Then, according to Newton: “The British Medical Association and the Royal College of General Practitioners agreed to the revised wording of the ESA65B on 4 August 2016.” 

However, in June last year, she also said, in response to a Written Question from Emma Dent Coad: “DWP’s Legal Service cleared the revised wording on 29 July 2016 and the then Secretary of State for Work and Pensions subsequently authorised the changes.”

Yet when asked in November last year what written evidence her Department holds on the British Medical Association and Royal College of General Practitioners agreement to the revised wording of the ESA65B letters sent to claimants’ GPs when they fail the work capability assessment, she replied: “There is no written evidence relating to the agreement obtained from the British Medical Association and the Royal College of General Practitioners on the revised wording of the ESA65B letter.

“In accordance with the Answer of 30 May 2018 to Question 146987, agreement on the final wording of the ESA65B was obtained via the regular meetings DWP holds with both organisations.” 

Newton had previously also said: “In accordance with the Answer of 3 July 2018 to Question 155402, the information is not available as there is no written minute of the meeting between officials from this Department and representatives from the British Medical Association and the Royal College of General Practitioners on the revised wording of the ESA65B letter.” 

In June last year, Dent Coad asked Newton who attended the meetings between officials in her Department and the (a) British Medical Association and (b) Royal College of General Practitioners on the revised wording of the ESA65B; and if she would place in the Library a copy of the minutes of those meetings. Newton responded on 03 July 2018:  

“The names of the participants representing the British Medical Association and the Royal College of General Practitioners who attended the meetings referred to constitute their personal data and in accordance with data protection principles, they will not be disclosed without informed consent. DWP officials did not take minutes of these meetings.”

And: “No other external stakeholders were consulted on the development of the revised ESA65B letter.”

Newton has also said in response to Written Questions: “The Department is committed to ensuring all of its communications are clear, accurate and understandable and we continuously improve our letters. We engage regularly with the welfare benefits advice sector and disability charities and take into account all of the feedback we receive.”

“We have received comments from a number of sources including MPs, stakeholder organisations and GPs on the current version of the ESA65B letter and will take all of their feedback into account when revising it.”

I should hope so. The idea of the state persuading doctors and other professionals to “sing from the same [political] hymn sheet”, by promoting work outcomes in social and health care settings is more than a little Orwellian. Co-opting professionals to police the welfare system is very dangerous. 

In linking receipt of welfare with health services and “state therapy,” with the single intended outcome explicitly expressed as employment, the government is purposefully conflating citizen’s widely varied needs with economic outcomes and diktats, isolating people from traditionally non-partisan networks of relatively unconditional support, such as the health service, social services, community services and mental health services.

Public services “speaking with one voice” as the government are urging, will invariably make accessing support conditional, and further isolate already marginalised social groups. Citizens’ safe spaces for genuine and objective support is shrinking as the state encroaches with strategies to micromanage those using public services. This encroachment will damage trust between people needing support and professionals who are meant to deliver essential public services, rather than simply extending government dogma, prejudices and discrimination.

 

Related

Jobcentre tells GP to stop issuing sick notes to patient assessed as ‘fit for work’ and he died.

GPs told to consider making fit notes conditional on patients having appointment with work coach

Let’s keep the job centre out of GP surgeries and the DWP out of our confidential medical records

 


 

I don’t make any money from my work. I’m disabled through illness and on a very low income. But you can make a donation to help me continue to research and write free, informative, insightful and independent articles, and to provide support to others going through Universal Credit, PIP and ESA assessment, mandatory review and appeal. The smallest amount is much appreciated – thank you.

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The state is policing social security claimants in hospital and via their medical records to find reasons to cut their support

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The Department for Work and Pensions (DWP) officers have been visiting patients in hospital to check if they are actually unwell, a damning new review into the roll-out of universal credit has revealed. This news comes after it emerged that the DWP are in the process of designing an automated system to trawl claimants NHS health records. 

Doctors have already raised serious concerns that social security claimants could be deterred from accessing healthcare after it emerged that the government is to start accessing medical records as an intrusive part of the welfare assessment process. A job advert posted by the DWP shows that a team in Leeds is building a system to “capture information from citizens and present this to DWP agents”. The work is proceeding on the controversial assumption that the consent of patients would make the system lawful. 

However the DWP have told doctors that when people make a claim for disability benefits, they have already consented for medical information to be shared.

GPs and charities said the plans resemble the controversial data-sharing scheme  between the Home Office and the NHS, which prompted outrage after it emerged some immigrants were subsequently afraid to access healthcare, ultimately forcing the government to end the policy.

In response, Professor Helen Stokes-Lampard, chair of the Royal College of GPs, expressed concern that the process would damage the doctor-patient relationship, and “deter vulnerable people from seeking medical assistance when they need it”.

“If the reports are true, the DWP, like the Home Office before them, must not consider GP patient data as an open resource to support them to carry out their duties. We are doctors, whose first interest is the care of our patient: we are not border guards, and we are not benefits assessors.

“We do not hold our patients’ confidential data to help other organisations check their eligibility for welfare, their immigration status, or any other function not related to their health and wellbeing,” she said.

Head of policy and profile at Law Centres Network, Nimrod Ben-Cnaan, said the sharing of people’s medical records would breach patient confidentiality and put GPs and other medical staff in the “invidious” position of benefits assessors.

However it seems the DWP are determined to co-opt doctors into policing people who are ill and claiming social security. I raised my own concerns about this back in 2015-16 and have continued to campaign on this issue, raising awareness of the implications and consequences of state intrusion in the health care of vulnerable citizens.

The DWP continually look for reasons to end people’s disability awards, even following assessments that have deemed them eligible. Trawling through people’s medical records presents another opportunity to look for tenuous reasons to cut people’s support claim. 

As does intruding on people who are ill in hospital.

The all-pervasiveness of welfare conditionality and the state panopticon

In 1965, American historian Gertrude Himmelfarb published an essay, The Haunted House of Jeremy Bentham, in which she portrayed Bentham’s mechanism of surveillance as a tool of oppression and social control. Bentham’s famous mechanistic and inhumane approach to human lives – the Panopticon – is a type of institutional building and a system of control designed by the English philosopher  in the late 18th century. The scheme of the design is to allow all (pan-) inmates of an institution to be observed (-opticon) by a single watchman without the inmates being able to tell whether or not they are being watched.

Bentham conceived the basic plan as being equally applicable to hospitals, schools, sanatoriums, and asylums. The idea is that people are in constant fear of being scrutinised, and so are coerced or compelled to regulate or change their own behaviour to comply. Bentham described the Panopticon as “a new mode of obtaining power of mind over mind, in a quantity hitherto without example”. Elsewhere, in a letter, he described the Panopticon prison as “a mill for grinding rogues honest.”

The Panopticon is the tool of a deeply suspicious state with a very pessimistic view of human nature. 

Last year, Dr Jay Watts wrote:  “The level of scrutiny all benefits claimants feel under is so brutal that it is no surprise that supermarket giant Sainsbury’s has a policy to share CCTV “where we are asked to do so by a public or regulatory authority such as the police or the Department for Work and Pensions”. Gym memberships, airport footage and surveillance video from public buildings are now used to build cases against claimants, with posts from social media used to suggest people are lying about their disabilities. More and more private companies are being asked to send in footage. The atmosphere is one of pervasive suspicion, fuelled by TV programmes such as Benefits Street and successive governments’ mentality of “strivers v skivers”. 

People claiming disability benefits have often raised concerns that the right to privacy is no longer their own – and this is a deliberate function of an extremely punitive regime.

Mass surveillance has become a norm in developed countries, through both the proliferation of overt measures like security cameras, the use of facial recognition software, but also more subtle and invasive means like data trawling, analysis, segmentation, psychograpic profiling and targeted , tailored ‘interventions’.

Governments, corporations and other powerful entities are able to comb through large volumes of data on specific people or larger demographics in order to gather information on them and exert control over their decision-making and behaviours. Nudge reflects the further development of covert state strategies to scrutinise and  manage citizens’ perceptions and behaviours.

Foucault, in Discipline and Punish, developed the Panopticon as a metaphor for the modern disciplinary society, in which the state constantly oversees the behaviour of the citizens, and he saw it as a mechanistic tool and oppressive system of permanent visibility as a tool of power. Foucault’s idea of panoptic architecture turned it into an omnipresent and insidious institution. It’s true to say that now, the disciplinary “eye of the state Inspector” is upon all of us. But some are scrutinised more than others.

More recently, DWP employees have also found to be interviewing people awaiting NHS treatment to ensure they were on the “right money” and not “abusing the system.” This is a particularly intrusive, oppressive practice, designed to police claims and scrutinise the ever-shrinking criteria of validity for someone’s need or social security support.

The visits were condemned as ‘grotesque’ by a council scrutiny panel in London, where it has emerged that hospitalised universal credit claimants have received shock visits from the welfare officials policing patient’s claims.

Islington’s Policy and Performance Scrutiny Committee, which has been tracking the full roll out of universal credit in Islington since last June, published a review earlier this month, where the information emerged that DWP officers have been pursuing ill claimants while in hospital.

In the meeting on 14 February, concern was expressed that DWP staff visiting claimants in hospital and this added to the stress that patients were already under while in hospital.

The DWP responded that “the visiting team may occasionally visit claimants in hospital but this would be done in a supportive manner and it happened on only a very small number of cases”.

On one occasion, DWP officers visited a person in hospital awaiting an operation because they had missed an appointment,
 reports the Islington Gazette.

The committee’s vice chair, Councillor Troy Gallagher, told the Gazette: “The fact that the DWP send people out to the hospital to interview and pursue people sends the wrong message.

“When people are in hospital they are not there to be chased and it’s not for the DWP to guess or validate if they are well or unwell. I think it’s callous.

“It’s an issue they need to amend quickly because it’s highly stressful and deeply upsetting.”

Cllr Gallagher added: “It’s grotesque and unbelievable.

“If someone says they’re unwell, whatever the reason is, you should always accept that.”

A DWP spokesperson said: “Jobcentre staff occasionally conduct hospital visits to confirm people’s bank account or rent details. This ensures we can pay their full benefits on time.”

They added that visits to claimants homes will be made “if necessary”.

The DWP told me “Claimants must inform the relevant benefit office when they go into hospital and when they come out. If they don’t report changes and they’re overpaid as a result, they have to pay back any money they owe. They may also have to pay a civil penalty.

“State Pension will not be affected.

“A stay in hospital affects people’s disability benefit support in the following ways:

“If someone has been in hospital for 28 days, they should stop receiving these benefits:

  • Attendance Allowance
  • Disability Living Allowance (DLA)
  • Personal Independence Payment (PIP)

“If someone is discharged but goes back into hospital within 28 days, the days spent in hospital on both occasions will be added together and if the total is more than 28 days they will lose eligibility until they go back home. They will still be paid for the days they spend at home between hospital stays.”

I was also informed: “Employment and support allowance is paid for an indefinite period as long as the other qualifying conditions are met. If someone is getting income-related employment and support allowance (ESA), certain premiums and housing costs are affected:

  • Severe disability premium will stop after four weeks if someone is in hospital and they lose their attendance allowance, disability living allowance care component or personal independence payment daily living component. If the person has a partner who is not in hospital and who also qualifies for the severe disability premium, they will continue to receive it.
  • Carer premium will stop 8 weeks after the person’s carer’s allowance stops.
  • After 52 weeks, they will lose the enhanced disability premium unless they have a partner who meets the conditions for the premium themselves. They will also lose their work-related activity or support component.”

It seems that documented evidence from doctors isn’t considered sufficient for the DWP to verify that someone is ill and in need of support. People who are ill in hospital are being treated as though they have done something wrong because of the effect their ill health has on their ability to work.

The government claims that disability support such as PIP is “targeted at those most in need”. Yet we see that those who are clearly most in need are being policed constantly and in an inexcusably intrusive, disrespectful way that strips disabled people of security and dignity.

What use is a social security system that is being designed to constantly work against those very people it was initially set up to help? 


 

I don’t make any money from my work. But if you like, you can contribute by making a donation and help me continue to research and write informative, insightful and independent articles, and to provide support to others going through PIP and ESA assessments, mandatory review and appeals. The smallest amount is much appreciated – thank you.

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Campaigners organise ‘First Do No Harm lobby’, aimed at preventing further social security related deaths

this ESA round

Disabled campaigners, researchers and organisations who have played a key role in exposing the discrimination and harm caused by the government’s social security reforms have been travelling to Westminster to attend round table discussions with five Labour shadow ministers. The meetings are chaired by Shadow Chancellor John McDonnell. I was invited to attend by John McDonnell’s office in September, because of my own ongoing campaign work.

The meetings are also the launch of a series of campaigning efforts and consultation between the Labour party, disabled activists, researchers and allied organisations. Labour MPs also hope to secure support from members of other political parties in the longer term.

We will be continuing to challenge the government’s persistent denial of a ‘causal link’ between their draconian social security policies and the distress, systematic human rights violations, serious harm and deaths of disabled people that have arisen in correlation with those policies.

Unless the government undertakes a cumulative impact assessment of the harm and  injustices that have followed in the wake of their welfare reform acts, they cannot provide evidence to support their own claims and flat denials that their policies are causing hardship, harm and distress. 

Public health experts from the Universities of Liverpool and Oxford have also produced a research report titled First, do no harm’: are disability assessments associated with adverse trends in mental health? A longitudinal ecological study. It highlights that the process of reassessing people on incapacity benefit for the new employment and support allowance (ESA) from 2010 to 2013 was “associated with” an extra 590 suicides, 279,000 additional cases of self-reported mental health problems, and the prescribing of a further 725,000 anti-depressants.

Speaking to the Huffington Post last year, the shadow chancellor said that he became furious during a Parliamentary debate when he demanded a comprehensive assessment of the cumulative impact of welfare reforms on disabled people and the government refused. He praised the website Calum’s List, which details the cases of at least 60 deaths linked to welfare cuts.

He added:  “We said to the Government we know now from Calum’s List, listing people from reports in the press and elsewhere of people committing suicide as a result of Government cuts.

We knew the Government were monitoring some coroners’ reports and we wanted them published, but [then DWP minister Esther] McVey wouldn’t and I got really angry.”

“Next week, what we are doing is getting a group of campaigning organisations and a group of experts together to talk about the way in which Work Capability Assessments are still having an impact, to try to get to the bottom in terms of mental health and suicide.”

McDonnell added that Labour’s first Queen’s Speech include legislation “making sure we have a welfare and benefit system that lifts people out of poverty”.

He said that his Hayes and Harlington constituency casework now operates an open-door system four days a week due to demand from people hit by government cuts. 

He added: “Helen who runs my office said the casework now is on a scale and a depth of suffering that we’ve never seen before. And this in a constituency with the [Heathrow] airport, high levels of employment but wages not matching the housing costs and the pressure on people working all hours just to keep a roof over their heads.

“If anything goes wrong they fall out of the system. Last month we were dealing with two families living in cars. We also have the ‘beds in sheds’ phenomenon, families living in a shed or garage rented out to them, it’s staggering really.

“Before this last eight years, those sort of horrendous situations would be infrequent but you wouldn’t have someone so heavily sanctioned. The sanctions often impact on people with mental health conditions hardest.”

The Labour party’s track record of inclusion and democratic consultation with disabled citizens and their communities contrasts starkly with the Conservative’s exclusionary ‘we know better than you’ approach to disability policies. The government have imposed cuts on disabled people, acting upon them as if they are objects of policy rather than being citizens within a democracy.  

Government policies are expressed political intentions regarding how our society is organised and governed. They have calculated social and economic aims and consequences. In democratic societies, citizens’ accounts of the impacts of policies ought to matter.

However, in the UK, the way that welfare policies are justified is being increasingly detached from their aims and consequences, partly because democratic processes and basic human rights are being disassembled or side-stepped, and partly because the government employs the widespread use of linguistic strategies and techniques of persuasion to intentionally divert us from their aims and the consequences of their ideologically (rather than rationally) driven policies. Furthermore, policies have more generally become increasingly detached from public interests and needs.

The Labour party listen to citizens’ accounts, and have always acknowledged our concerns. John McDonnell was involved in the setting up of Disabled People Against the Cuts (DPAC). After a nationwide round of consultations with disabled people about policies which enshrine the Equality and Human Rights acts, led by Debbie Abrahams, the Labour party wrote an additional manifesto, outlining policies for disabled people, called Nothing about you without you, which many of us have contributed to.

DSCN3314.JPG

Alex Cunningham, me, Debbie Abrahams and Gail Ward after the Disability Equality Roadshow and consultation in December, 2016.

The First Do No Harm lobby on 13 February aims to expose the continued harm caused to disabled people by government social security reforms, and to seek safeguarding changes to the social security system. It follows many years of growing concerns about the controversial Work Capability Assessment (WCA) and the failure of Department for Work and Pensions (DWP) ministers to make the necessary changes to make the assessment process safe.

Disability rights campaigners and MPs will focus on the repeated failure of the DWP to ensure that the “further medical evidence” needed to demonstrate a disabled person’s eligibility for out-of-work disability benefits is always collected, particularly for claimants with mental health conditions.

The three key asks of the lobby are:

1. To incorporate the principle of “First Do No Harm” into the assessment process for disabled people in the welfare system.
2. To call for the publication of a cumulative impact assessment of social security changes to disabled people.
3. To implement an assessment framework that treats disabled people with dignity and respect.

The lobby has been facilitated by Labour’s Treasury and work and pensions teams, through shadow chancellor John McDonnell and shadow work and pensions secretary Margaret Greenwood. Both Labour MPs and activists hope that MPs from all parties will attend. 

Shadow chancellor, John McDonnell has previously said that he believed the ongoing meetings with disability rights campaigners and allied organisations could herald the start of “a significant movement to expose the brutality of the system” and secure “permanent change”.

He told Disability News Service: “Disabled people have had enough of the continuing austerity, attacks and discrimination.

“The lobby will brief on the plight of disabled people and lobby for reform to protect against this harm.” The aim is to push for the principle of “First Do No Harm” to be included in the benefits assessment process, through a framework that “treats disabled people with dignity and respect”.

The lobby also aims to push the government to acknowledge years of raised concerns by our community to carry out a cumulative assessment of the impact of its social security cuts and reforms on disabled people. 

Campaigners will also call for an end to the government’s punitive sanctions and conditionality regime.

The First Do No Harm lobby is the first organised action arising from the ongoing meetings between disabled activists and allies and Labour shadow ministers, including John McDonnell, Margaret Greenwood and shadow minister for disabled people Marsha de Cordova.

Both Margaret Greenwood and Marsha de Cordova are to speak at the briefing as part of the lobby on 13 February.

A mass lobby is one way of using your right to turn up to the House of Commons and request a meeting with your MP as one of his or her constituents. An MP’s role is to represent a constituent’s interests – even if he or she does not entirely agree with them. As each MP may have up to 90,000 constituents to look after, it is best to be as brief, clear and courteous as possible when you meet your MP.   

Disabled people or allies who want their MP to attend the lobby should write to their MP – you can find MP’s email addresses here: WriteToThem – to inform them you wish to seek an appointment on the day of the lobby. 

The lobby is due to take place on Wednesday 13 February between 1pm and 6pm, with the briefing from 2-3.30pm, in the Palace of Westminster’s committee room 15. The committee room can be used for one-to-one meetings with MPs or further discussions on the issue from 1pm-2pm and then from 3.30pm-6pm 

ESA lalst 3

The most recent meeting at Portcullis House, Westminster.

 

Related

John McDonnell attacks Tory disability cuts and vows to address suicides linked to welfare reforms

Lobby aims to persuade MPs that DWP must First Do No Harm on assessments

Labour’s Disability Equality Roadshow comes to Newcastle

Nothing about you without you – the Labour party manifesto for disabled people

I very much wanted to attend this very important mass lobby and contacted my MP in respect of this. However, unfortunately I am currently not well enough to travel down to Westminster. I will, however, be working hard promoting the event on social media. 


 

I don’t make any money from my work. But you can make a donation if you wish and help me continue to research and write informative, insightful and independent articles, and to provide support to others going through disability claims, assessments, mandatory reviews and appeals. The smallest amount is much appreciated – thank you.

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Universal Credit is an unmitigated catastrophe for ill and disabled people

Image result for pictures universal credit

I co-run an online advice and support group for people going through Personal Independence Payment (PIP) and Employment and Support Allowance (ESA) claims, assessments, mandatory reviews and appeals. Recently there has been a spike in people being reassessed for their awards of both kinds of support much earlier than expected. Furthermore, many are seeing their longstanding awards being taken from them by the Department for Work and Pensions following the reassessment, when this is clearly unjustifiable.

Failing a work capability assessment usually triggers migration onto Universal Credit.

For example, a significant proportion of this group have chronic or degenerative illnesses that are not going to improve. If someone with such a condition is deemed unfit for work, or in need of extra support to meet their needs and maintain independence, given that it’s highly improbable that their condition will improve,  it’s more than unreasonably cruel that following review, these people have lost their awards, most often based on highly inaccurate reports from assessors and the Department’s decision makers.

One person received a letter notifying her of an early ESA review – it wasn’t due until next year – just days after she had seen her PIP award removed, following a review that was not due until 2021. 

Those people claiming Universal Credit (UC) and needing a work capability assessment because they have not previously received ESA are experiencing long delays (often around six months) before the assessment appointments are finally arranged. This is true even when there is clear evidence of ill health and/or disability, and it means people miss out on additional payments. Some are being subjected to conditionality and sanctions because they are being given inappropriate requirements to look for work while they wait for their assessment. 

A recurring problem with UC is the failure of DWP staff to include a limited capability for work (LCW) or limited capability for work related activity (LCWRA) element in a claim for Universal Credit for people moving from ESA, who had already been assessed as entitled to the equivalent element in ESA. These components are supposed to be automatically included in UC but people are reporting that it this is not happening.

Two people who had been claiming ESA for two or more years, both placed in the support group following their assessments, triggered ‘natural migration’ when they claimed Discretionary Housing Payment (DHP) because of hardship. One person’s local council had wrongly made ‘non dependent’ deductions for her adult son, pushing her into hardship and rent arrears. As she was awarded PIP at the daily living rate, non dependent deductions should not have been made, as the standard daily living award exempts people from those deductions in this group of PIP  claimants.   

She later reported that non dependent deductions were wrongly taken from her UC housing element, also. She said that the problem arose because PIP awards are not logged on the system, which means that once the underpayments were eventually rectified, she still had to remind her advisor that she was exempt from non dependent deductions being made to her housing costs. The problem keeps arising, however, with some of the deductions still being made some months. She also told me that her mandatory review request was completely ignored.

The DHP application from both people in the support group triggered a move from existing benefits on to UC. When migrated from ESA on to UC, people in the ESA support group should be automatically awarded the extra element of UC (the ‘limited capability for work-related activity element’) and should not be required to undertake any work related activity. However this did not happen and both were refused this element. Another person was told, wrongly, that she would need to undergo another work capability assessment and another was asked to undertake inappropriate work related activities which he were unable to carry out because of his illness.  

Several others have also reported that they have submitted requests for mandatory review and not had any response. One person was told that they had to ring to request the review, rather than requesting it in writing. She was then told that because more than one month had passed since the decision she was challenging, she could not request a mandatory review. 

Special rules exist for terminally ill people who are expected to live less than six months, to fast-track their claims for support and to allow certain health-related payments to be paid at the highest rate without needing further assessment. One person applied for UC and was incorrectly told that there was no special rules provision under UC. She was asked to provide evidence that she could not carry out work related activities before she could receive the payments due to her and have her work related conditionality lifted, despite the fact she had submitted a DS 1500 report from her consultant.

Another person who is terminally ill told me that his advisor said there was no evidence that he had submitted a DS 1500 report. By this time, he had already waited seven weeks for his UC claim to be processed. He was still waiting for a PIP assessment date. 

Another problem arising for disabled people is that some are experiencing difficulty making new-style ESA claims (which are based on National Insurance contributions, rather than being income related) in ‘full service’ jobcentre areas, and are being wrongly advised to claim UC in circumstances where that is not required. 

One very vulnerable young person told me that he was flatly refused when he asked to claim the disability element of UC. His GP had told him he was unfit for work. His work coach said that he was “not allowed” to claim disability benefit under UC rules. He was sanctioned because he could not carry out  work related activities, which also had an impact on his partner. He needed support with a mandatory review request and his doctor submitted a report from the young man’s consultant. His sanction was overturned after seven weeks. That is seven weeks of hunger, fuel poverty and threats of eviction because of mounting rent arrears. 

Transitional protection for disabled people

The government recently announced transitional protections, include paying the Limited Capability for Work element in Universal Credit if someone has been continuously entitled to ESA and entitled to the Work-Related Activity Component in ESA prior to 3rd April 2017 and are migrated to Universal Credit. This means people with ESA awards after that date, or those making a new claim for UC will not get the disability income guarantee which is only provisionally available to others.

The government have recently postponed the migration of people who have a PIP award onto UC, because there is no transitional protection in place, which means people will lose their disability premium. Transitional protection of disabled peoples’ disability income guarantee is not due to come into effect until later this year (July). 

However, when people have a change in circumstances, they are automatically migrated onto UC. The change may include moving house, or a change in the amount of support you get, or someone joining or leaving your household. It’s been reported that changes to housing benefit awards – such as an increase, or a DHP award – have also triggered ‘natural migration’ onto UC. 

People who already claim Working Tax Credit and become ill are being asked to claim UC. Those who claim income-based jobseeker’s allowance and need to attend court or Jury Service, or are remanded in custody, are also being asked to claim UC.  If someone starts work that would normally entitle them to working tax credits, or if they work, but their hours drop below 16 hours a week, they will be asked to claim UC. If someone already claims Child Tax Credits and income based legacy benefits and starts work with enough hours to satisfy Working Tax Credit conditions, they will also be asked to claim UC.

A high court judgement last year said that the loss of disability premiums (the disability income guarantee) under UC is discriminatory and contrary to the European Convention on Human Rights. 

The government conceded after some reluctance that they would ensure transitional protection is in place for people who receive the severe disability premium via their legacy benefits. However, there are three types of disability premium, and the government have so far only mentioned protecting one of them, though it is implied that the other premiums will be included. 

Many of us have said previously that the government’s ‘flagship’ failure, UC, is about implementing further cuts to social security support by stealth. However, the loss of income to disabled people through hidden cuts was under-reported. Last year I wrote about how the disability income guarantee that legacy benefits ensured had been removed from UC – Disability Income Guarantee abolished under Universal Credit rules – a sly and cruel cut.

The draft regulations setting out the managed migration process, including details of transitional protection, were consulted on by the Social Security Advisory Committee  (SSAC) in July 2018. The SSAC report and the Government’s response were published in November 2018. Some changes were made to the Regulations as a result of SSAC’s report. The draft regulations were also published on November 2018 and were expected to be debated in Parliament this month (January 2019.)

However, in the draft regulations, only one of the three disability rates is mentioned in the planned transitional provisions – the Severe Disability Premium (SDP). 

On the government site, it says there a three rates under ESA and/or PIP:

“Disability premium

You’ll get:

  • £33.55 a week for a single person
  • £47.80 a week for a couple

Severe disability premium

You’ll get:

  • £64.30 a week for a single person
  • £128.60 a week for a couple if you’re both eligible

Some couples will be eligible for the lower amount of £64.30 a week instead.

Enhanced disability premium

You’ll get:

  • £16.40 a week for a single person
  • £23.55 a week for a couple if at least one of you is eligible

You can get the disability premium on its own. You might get the severe or enhanced disability premium as well if you’re eligible for them. There are (complex) rules of eligibility which are outlined on the same site. For example, if you have a ‘non dependent’ child living with you, that makes you ineligible for the severe disability premium, but you may be entitled to one or both of the others.

If you get income-related Employment and Support Allowance (ESA) you cannot get the disability premium, but you may still qualify for the severe and enhanced premiums.”

The draft regulations did not clarify whether all of the disability income guarantee rates will be included in the transitional protections arrangements. 

In a letter to the Social Security Advisory Committee, the government says of the new draft regulations: “They also introduce transitional protection payments and additional provisions to support existing and former Severe Disability Premium recipients.”

The Secretary of State for Work and Pensions also says in the letter: “In designing Universal Credit, one of the key aims was to simplify the existing system. For people with health conditions and disabilities, a conscious choice was made not to replicate every aspect of disability provision in the current system, which contains 7 different disability payments. Instead, the right levels of support can be provided through 2 rates of payments, reflecting the current Employment and Support Allowance components.” [My emphasis]

The choice was originally to cut all disability premiums for those with a ‘change in circumstances’ and new claims. The hardships that this decision has caused were intentional. 

A House of Commons briefing paper entitled Universal Credit and the claimant count outlines why “Universal Credit is increasing the number of people claiming unemployment benefits, by requiring a broader group of claimants to look for work than was the case under Jobseeker’s Allowance.” 

However, UC also requires other groups of people who were previously exempt from conditionality to look for work, or to increase their hours and pay, if they already work.

This means that the increased application of conditionality and sanctions regime will affect families and couples, where one person – not necessarily the person who has made the claim – has been sanctioned. For the first time, UC will mean families who are in work but on low pay will also be subject to sanctioning if they don’t make efforts to increase their hours or pay. It’s not clear what provision is in place to safeguard children and vulnerable family members form the impact of severe hardship when a family member is sanctioned.

Furthermore, last year the government’s own research, together with a mass of other studies, have clearly demonstrated that sanctions do not work as the Conservatives claim they were intended to. Frank Field, chair of the Work and Pensions Committee, accused ministers of trying to bury the findings of a secret DWP report, rather than give parliament the chance to debate how to better help low-paid workers. 

Field said if UC were to be built into a “line of defence against poverty, rather than an agent in its creation”, a more careful application of sanctions would require “urgent attention”.

He added: “Likewise, any new service to help the low-paid should be built around the provision by a dedicated caseworker of information, advice and guidance, as part of a clear and agreed contract which is aimed at helping them to earn more money and, crucially, overcoming the barriers that currently prevent them from being able to do so.” 

The government’s report came after a major report from the UK’s biggest food bank network found the rollout of UC would trigger an explosion in food bank use, with data showing that moving onto the new welfare support was the fastest growing cause of food bank referrals. The Trussell Trust said urgent changes to the new welfare system were needed to protect vulnerable claimants from falling into hardship or dropping out of the benefit system altogether. 

Garry Lemon, director of policy at the Trussell Trust, said: “We owe it to ourselves to have a benefits system that gives us support when we need it most, and ensures everyone has enough money to afford the absolute essentials. 

“Yet our research shows that the more people are sanctioned, the more they need foodbanks. On top of this, government’s own research shows that sanctioning under universal credit has no effect in encouraging people to progress in work. 

“With the next stage of universal credit about to rollout to three million people, it is vital that we learn from evidence on the ground and avoid the mistakes of the past.” 

Margaret Greenwood, Labour’s shadow work and pensions secretary, said it was “shocking” that the government was sanctioning working people who are “just trying to do the right thing”.

She said: “This report shows that there is no evidence that sanctioning helps people increase their earnings. Meanwhile, wages are still below 2008 levels and millions of people are stuck in insecure work. 

“Universal credit is clearly failing in its current form. Labour is committed to a root-and-branch review of the social security system to ensure it tackles poverty and provides support when people need it.” 

In a damning report in 2016, the National Audit Office castigated the DWP for failing to monitor people whose benefits had been docked and suggested the system cost more money than it saved. 

Yet a DWP spokesperson said: “The ‘in work progression trials’ helped encourage claimants to increase their hours, seek out progression opportunities and take part in job-related training.

“The trials delivered positive results for many of the lowest paid people who claim universal credit and we are now considering the findings.” 

This is political gaslighting, which reveals a government’s intentions to continue implementing a draconian welfare policy, regardless of the significant and mounting empirical evidence – including from their own research – demonstrating this punitive does nothing to ‘support’ people into work, or into better paid jobs. In fact it prevents people from doing anything other than struggling to survive.

The briefing – Universal Credit and the claimant count  – says “In Full Service areas existing legacy benefit claimants may move onto Universal Credit if they experience a change of circumstances such that they would have had to make a new claim for a different legacy benefit. As new claims for legacy benefits are no longer possible, only Universal Credit can be claimed.  The DWP refers to this as “natural migration.”

“Existing legacy benefit claimants whose circumstances do not change will remain on their existing benefits until they are invited to make a claim for Universal Credit at the final “managed migration” stage. This is expected to begin in late 2020 and be completed by December 2023, but will be preceded by a managed migration pilot involving 10,000 households starting in July 2019.”

The briefing provides an outline of why the claimant count has risen in areas where UC has been rolled out:

“Universal Credit requires a broader span of people to look for work than was the case for legacy benefits.

“The introduction of Universal Credit means that more claimants are required to look for work as a condition of receiving the benefit. This is referred to as “conditionality”.

“For example, someone out of work who previously claimed Child Tax Credit or Housing Benefit but not Jobseeker’s Allowance was not required to look for work. Under Universal Credit they are required to look for work, subject to certain exceptions.

“Similarly, under Universal Credit, the partners of claimants are now required to seek work. Previously, if someone was in employment and claiming tax credits or housing benefits but their partner was not in work (and not claiming Jobseeker’s Allowance), there was no requirement for their partner to look for work. This is no longer the case, subject to an earnings threshold and certain exceptions.

“The OBR has estimated that conditionality will be extended to around 300,000 additional claimants.

“Additional conditionality will also be applied to Universal Credit claimants who would otherwise have received Education and Support Allowance (ESA), and the OBR has estimated that around 150,000 claimants will be required to look for work as a result. Furthermore, the OBR has forecast that around 450,000 newly-eligible Universal Credit claimants will face further additional conditionality requirements (though not necessarily an obligation to look for work).”

If people are not obliged to look for work, what is the point in imposing conditionality them?

And: “New claimants who are awaiting or appealing Work Capability Assessments are being required to look for work. Some of the claimants who under the legacy system would previously have claimed ESA are initially subject to all work-related
requirements upon starting a new claim to Universal Credit, pending their Work Capability Assessment.

“New ESA claimants who can provide a ‘fit note’ are treated as having a limited capacity for work pending their Work Capability Assessment. This is not the default position under Universal Credit.

“Although a claimant must meet with a Jobcentre Plus Work Coach within seven days of applying for Universal Credit to agree the conditions attached to their receipt of benefits, the period until a Work Capability Assessment takes place is often much longer. During this period, Work Coaches set conditionality based on their understanding of the claimant’s health condition, but there are concerns that Work Coaches may struggle to identify claimant support needs accurately.

“Those claimants who are required to look for work will be included in the claimant count statistics. We might expect some to drop out of the claimant count again once the Work Capability Assessment has taken place, assuming they are judged to have limited capability for work, but they can remain on full conditionality for an extended period (and thus remain in the claimant count statistics).”

And confirming the accounts of disabled people I have supported:

“In addition, there have been reports that some claimants moving from ESA onto Universal Credit who have limited capability for work are being required to undergo a new Work Capability Assessment, and in the meantime are subject to full conditionality. Under Regulation 19 of the Universal Credit (Transitional Provisions) Regulations 2014 (SI 2014/1230 as amended), these people should be treated, from the outset of their Universal Credit application, as having limited capacity for work without the need for a Work Capability Assessment. The Child Poverty Action Group (CPAG) has reported this as one of the most common problems highlighted by advisers.” 

It’s crossed my mind more than once that the sudden increase in early ESA and PIP reassessments may be linked to an aim to reduce the costs of the government’s unanticipated legal requirement to pay disabled and ill people transitional protection when they are migrated onto UC, or when they are forced to claim UC because of a change in circumstance – hence work coaches telling people in both ESA groups frequently that they have to undergo another assessment, when the rules state very clearly that they don’t.

The cases  I have highlighted here reflect only my most serious concerns about some of the consequences UC is having for ill and disabled people. It’s worrying that the problems I have outlined were not confined to just a couple of areas; the errors and problems seem to be entrenched on a systemic and national scale.

 

Related 

The rush to throw sick or disabled people off ESA and force them onto Universal Credit goes on while the DWP talks bollocks about support…

 


 

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A man ended his life when his ESA award was stopped, because he couldn’t find work

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Damien Lawler, who had a generous nature and a heart of gold. (Image: Karen Lawler)

Last year on 19 July, Karen Lawler found her son Damien, aged 34, dead at his flat in Newtown Court, Hull.

Damien killed himself after struggling to find work and his social security support – Employment and Support Allowance (ESA) was due to be stopped. Known as ‘Damo’ to his family, he was found dead in his flateast Hull, flat with a suicide note in his hand.

In the note, he wrote that he felt like a “hindrance” and “couldn’t carry on anymore” after having no success for the numerous job applications he had made. He also wrote that his ESA was due to be cancelled, and he was so terrified about being put on Jobseeker’s Allowance he was experiencing “stupid” panic attacks.

He wrote: “I’m sorry for all the pain and heartache I’m leaving behind. I love you with all my heart but I can’t carry on anymore.”

Damien’s mother, Karen Lawler, spoke of her heartache and described her son as someone “with a heart of gold”.  She said: “He never had much money but he would always give his last penny or his last cigarette to a homeless person on the street. He always had a care for the homeless.” 

“He had a wicked sense of humour and a heart of gold. He would do anything for anybody.”

Lawler, who found her son after letting herself into his home on July 19, 2018, said her son had been suffering depression for a number of years, and said more needed to be done to support people with mental health issues.  She said: “Damo was just so tired and exhausted with it all.

“There was not enough support for him.

“There’s just nothing there. He’s not the only one. The recent cases with males in Hull is going sky high because they can’t cope anymore.”

An inquest on Tuesday heard Ms Lawler took her son to his GP in November 2013 after he deliberately self-harmed, using a Stanley knife to cut off his toe nails. He was prescribed with anti-depressants but his mental health difficulties took a turn for the worse in 2017.

During a visit to his GP in January 2018, Damien revealed he had thoughts of self-harm and suicide. He was advised to return to the surgery for further consultation, but he did not follow through with the appointments.

Many people who are ill and struggling find it very difficult to keep appointments, especially when they face difficulties accessing acute services for help. Many need immediate help to follow from the first appointment, because by that time, they are in crisis. But all too often, people in terrible distress, with suicide ideation, are being told they must attend yet another appointment.

This system sets up a bureaucratic wall, placing an all too often insurmountable barrier between citizens in the greatest need – those least ability to cope with navigating the wall – and the services and support they need to access. 

We must also question the decision to end Damien’s ESA award, when he was so clearly ill and unfit for work. We must challenge a system that leaves people feeling as if they are some kind of ‘burden’ simply because they are ill.  

“There needs to be something there if they do not turn up for any appointments,” said Ms Lawler.  “They cannot just discharge someone. They need to try and find out why they have not come to the appointment. Maybe contacting a next of kin or something.

She added: “I don’t know what the answer is and I don’t suppose there is an easy answer but something needs to be changed. Something has got to change in Hull, it really has.”

I agree. Something has to change. The social security and health care systems no longer function to meet fundamental human needs. Instead they have been redesigned to provide as little support as possible at the lowest costs, while a host of private companies make profits at citizens’ expense. 

The Coroner, James Hargan, returned a verdict of suicide.

If you need help

Please, please talk to someone.

Samaritans (116 123)
 samaritans.org operates a 24-hour service available every day of the year. If you prefer to write down how you’re feeling, or if you’re worried about being overheard on the phone, you can email Samaritans at jo@samaritans.org , write to Freepost RSRB-KKBY-CYJK, PO Box 9090, STIRLING, FK8 2SA and visit http://www.samaritans.org  find your nearest branch.

CALM (0800 58 58 58) thecalmzone.net has a helpline is for men who are down or have hit a wall for any reason, who need to talk or find information and support. They’re open 5pm to midnight, 365 days a year.

Childline (0800 1111 ) runs a helpline for children and young people in the UK. Calls are free and the number won’t show up on your phone bill. 

PAPYRUS (0800 068 41 41) is a voluntary organisation supporting teenagers and young adults who are feeling suicidal. 

Depression Alliance is a charity for people with depression. It doesn’t have a helpline, but offers a wide range of useful resources and links to other relevant information depressionalliance.org 

Students Against Depression is a website for students who are depressed, have a low mood or are having suicidal thoughts. Bullying UK is a website for both children and adults affected by bullying studentsagainstdepression.org

You can also contact me on this site any time, too. I’m a good and experienced listener. I can also signpost people to organisations that can help.

 



I don’t make any money from my work. I have a very limited income. But you can help if you like, by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others affected by the Conservative’s welfare ‘reforms’. The smallest amount is much appreciated – thank you.

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