Tag: Work and Pensions select committee

The Minnesota Starvation Experiment provided empirical evidence that demonstrates clearly why welfare sanctions can’t possibly work as an “incentive” to “make work pay”

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“Behavioural theory is a powerful tool for the government communicator, but you don’t need to be an experienced social scientist to apply it successfully to your work.”

Alex Aiken
Executive Director of
Government Communications (Source).

 

Introduction

The Conservatives have always used emotive and morally-laden narratives that revolve around notions of “national decline” and a “broken society” to demarcate “us and them”, using overly simplistic binary schema. Conservative rhetoric reflexively defines what the nation is and who it excludes, always creating categories of others.

David Cameron’s government have purposefully manufactured a minimal group paradigm which is founded on a false dichotomy. People who “work hard” are deemed “responsible” citizens and the rest are stigmatized, labelled as “scroungers” and outgrouped (inaccurately) as irresponsible economic free riders. This prejudiced distinction requires a single snapshot of just one frozen point in time, and an assumption that people who claim welfare support are the same people year after year, but longitudinal studies indicate that over the course of their lives, most people move in and out of employment. Most people claiming welfare support have worked and made responsible contributions to society.

The Conservatives also claim that welfare provision itself is problematic, because it creates “a culture of dependency.” Yet there has never been evidence to support this claim. In fact, a recent international study of social safety nets from the Massachusetts Institute of Technology (MIT) and Harvard economists refutes the Conservative “scrounger” stereotype and dependency rhetoric. Abhijit Banerjee, Rema Hanna, Gabriel Kreindler, and Benjamin Olken re-analyzed data from seven randomized experiments evaluating cash programmes in poor countries and found “no systematic evidence that cash transfer programmes discourage work.”

The phrase “welfare dependencywas designed to intentionally divert attention from political prejudice, discrimation via policies and to disperse public sympathies towards the poorest citizens.

The Conservatives have always constructed discourses and shaped institutions which isolate some social groups from health, social and political resources, with justification narratives based on a process of class-contingent personalisations of social problems, such as poverty, using quack psychology and pseudoscience. However, it is social conditions which lead to deprivation of opportunities, and that outcome is a direct consequence of inadequate and biased political decision-making and policy.

Conditionality

One of the uniquely important features of Britain’s welfare state is the National Insurance system, based on the principle that people establish a right to benefits by making regular contributions into a fund throughout their working lives. The contribution principle has been a part of the welfare state since its inception. A system of social security where claims are, in principle, based on entitlements established by past contributions expresses an important moral rule about how a benefits system should operate, based on reciprocity and collective responsibility, and it is a rule which attracts widespread public commitment. National Insurance is felt intuitively by most people to be a fair way of organising welfare.

The Conservative-led welfare “reforms” had the stated aim of ensuring that benefit claimants – redefined as an outgroup of free-riders – are entitled to a minimum income provided that they uphold responsibilities, which entail being pushed into any available work. The  Government claim that sanctions “incentivise” people to look for employment.

Conditionality for social security has been around as long as the welfare state. Eligibility criteria have always been an intrinsic part of the social security system. For example, to qualify for jobseekers allowance, a person has to be out of work, able to work, and seeking employment.

But in recent years conditionality has become conflated with severe financial penalities (sanctions), and has mutated into an ever more stringent, complex, demanding set of often arbitrary requirements, involving frequent and rigidly imposed jobcentre appointments, meeting job application targets, providing evidence of job searches and mandatory participation in workfare schemes. The emphasis of welfare provision has shifted from providing support for people seeking employment to increasing conditionality of conduct, enforcing particular patterns of behaviour and monitoring claimant compliance.

Sanctions are “penalties that reduce or terminate welfare benefits in cases where claimants are deemed to be out of compliance with  requirements.” They are, in many respects, the neoliberal-paternalist tool of discipline par excellence – the threat that puts a big stick behind coercive welfare programme rules and “incentivises” citizen compliance with a heavily monitoring and supervisory administration. The Conservatives have broadened the scope of behaviours that are subject to sanction, and have widened the application of sanctions to include previously protected social groups, such as ill and disabled people, pregnant women and lone parents.

The new paternalists often present their position as striking a moderate, reasonable middle ground between rigid anti-paternalism on the one hand and an overly intrusive “hard” paternalism on the other. But the claim to moderation is difficult to sustain, especially when we consider the behavioural modification technique utilised here – punishment – and the consequences of sanctioning welfare recipients, many of whom are already struggling to meet their basic needs.

Nudge permits policy-makers to indulge their ideological impulses whilst presenting them as “objective science.” From the perspective of libertarian paternalists, the problems of neoliberalism don’t lie in the market, or in growing inequality and social stratification: neoliberalism isn’t flawed, nor are governments – we are. Governments don’t make mistakes – only citizens do.

Work programme providers are sanctioning twice as many people as they are signposting into employment (David Etherington, Anne Daguerre, 2015), emphasising the distorted priorities of “welfare to work” services, and indicating a significant gap between claimant obligations and employment outcomes.

Ethical considerations of injustice and the adverse consequences of welfare sanctions have been raised by politicians, charities, campaigners and academics. Professor David Stuckler of Oxford University’s Department of Sociology, among others, has found clear evidence of a link between people seeking food aid and unemployment, welfare sanctions and budget cuts, although the government has, on the whole, tried to deny a direct “causal link” between the harsh welfare “reforms” and food deprivation. However, a clear correlation has been established.

The current government demand an empirical rigour from those presenting legitimate criticism of their policy, yet they curiously fail in meeting the same exacting standards that they demand of others. Often, the claim that “no causal link has been established” is used as a way of ensuring that established, defined correlative relationships, (which often do imply causality,) are not investigated further. Qualitative evidence – case studies, for example – is very often rather undemocratically dismissed as “anecdotal,” which of course stifles further opportunities for important research and inquiry regarding the consequences and impacts of government policy. This also undermines the process of a genuine evidence-based policy-making, leaving a space for a rather less democratic ideology-based political decision-making.

Further concerns have arisen that food banks have become an institutional part of our steadily diminishing welfare state, normalising food insecurity and deprivation among people both in and out of work.

There is no evidence that keeping benefits at below subsistence level “incentivises” people to work. In fact research indicates it is likely to have the opposite effect. In 2010/2011, 61,468 people were given 3 days emergency food and support by the Trussell Trust and this rose to 913,138 people in 2013-2014.

At least four million people in the UK do not have access to a healthy diet; nearly 13 million people live below the poverty line, and it is becoming increasingly difficult for them to afford food. More than half a million children in the UK are now living in families who are unable to provide a minimally acceptable, nutritious diet. (Source: Welfare Reform, Work First Policies And Benefit Conditionality: Reinforcing Poverty And Social Exclusion? Centre for Enterprise and Economic Development Research, 2015.)

There is plenty of evidence that sanctions don’t help people to find work, and that the punitive application of severe financial penalties is having an extremely detrimental, sometimes catastrophic impact on people’s lives. We can see from a growing body of research how sanctions are not working in the way the government claim they intended.

Sanctions, under which people lose benefit payments for between four weeks and three years for “non-compliance”, have come under fire for being unfair, punitive, failing to increase job prospects, and causing hunger, debt and ill-health among jobseekers. And sometimes they result in death.

I want to discuss two further considerations to add to growing criticism of the extended use of sanctioning which are related to why sanctions don’t work. One is that imposing such severe financial penalties on people who need social security support to meet their basic needs cannot possibly bring about positive “behaviour change” or “incentivise” people to find employment, as claimed. This is because of the evidenced and documented broad-ranging negative impacts of financial insecurity and deprivation – particularly food poverty – on human physical health, motivation, behaviour and mental health.

The second related consideration is that “behavioural theories” on which the government rests the case for extending and increasing benefit sanctions, are simply inadequate and flawed, having been imported from a limited behavioural economics model (otherwise known as libertarian paternalism) which is itself ideologically premised.

At best, the new “behavioural science” is merely a set of theoretical propositions, at a broadly experimental stage, and therefore profoundly limited in terms of scope and academic rigour. As a mechanism of explanation, it is lacking  in terms of capacity for generating comprehensive, coherent accounts and understanding about human motivation and behaviour.

Furthermore, in relying upon a pseudo-positivistic experimental approach to human cognition, behavioural economists have made some highly questionable ontological and epistemologial assumptions: in the pursuit of methodological individualism, citizens are consequently isolated from the broader structural political, economic, sociocultural and established reciprocal contexts that invariably influence and shape an individual’s experiences, meanings, motivations, behaviours and attitudes, causing a problematic duality between context and cognition. The libertarian paternalist approach also places unfair and unreasonable responsibility on citizens for circumstances which lie outside of their control, such as the socioeconomic consequences of political decision-making.

Yet many libertarian paternalists reapply the context they evade in explanations of human behaviours to justify the application of their theory, claiming that their collective “behavioural theories” can be used to serve social, and not necessarily individual ends, by simply acting upon the individual to make them more “responsible.” (See, for example: Personal Responsibility and Changing Behaviour: the state of knowledge and its implications for public policy, David Halpern, Clive Bates, Geoff Mulgan and Stephen Aldridge, 2004.)

In other words, there is a relationship between the world that a person inhabits and that person’s actions. Any theory of behaviour and cognition that ignores context can at best be regarded as very limited and partial. Yet the libertarian paternalists overstep their narrow conceptual bounds, with the difficulty of reconciling individual and social interests glossed over somewhat.

The ideological premise on which the government’s “behavioural theories” and assumptions about unemployed and ill  and disabled people rests is also fundamentally flawed. Neoliberalism and social Conservatism are not working to extend wealth and opportunity to a majority of citizens. The shift away from a collective rights-based democratic society to a state-imposed moral paternalism, comprised almost entirely of unfunded, unsupported, decontextualised “responsible” individuals is simply an ideological edit of reality, hidden in plain sight within the tyranny of decision-makers deciding and shaping our “best interests”, to justify authoritarian socioeconomic policies that generate and perpetuate inequality and poverty. Libertarian paternalists don’t have much of a vocabulary for discussing any sort of collective, democratic, or autonomous and deliberative decision-making.

The Conservatives and a largely complicit media convey the message that poor people suffer from some sort of character flaw – a poverty of aspiration, a deviance from the decent, hard-working norm. That’s untrue, of course: poor people simply suffer from material poverty which may steal motivation and aspiration from any and every person that is reduced to struggling for basic survival.

It’s not a coincidence that those countries with institutions designed to alleviate poverty and inequality – such as a robust welfare state, a strong role for collective bargaining, a stronger tax and transfer system, have lower levels of income inequality and poverty.

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The Minnesota Starvation Experiment volunteers

1. “Starved people can’t be taught democracy.” Ancel Keys

Imposing punishment in the form of financial sanctions on people who already have only very limited resources for meeting their basic survival needs is not only irrational, it is absurdly and spectacularly cruel. There is a body of evidence from a landmark study that describes in detail the negative impacts of food deprivation on physical and psychological health, including an account of the detrimental effects of hunger on motivation and behaviour.

During World War Two, many conscientious objectors wanted to contribute to the war effort meaningfully, and according to their beliefs. In the US, 36 conscientious objectors volunteered for medical research as an alternative to military service. The research was designed to explore the effects of hunger, to provide postwar rehabilitation for the many Europeans who had suffered near starvation and malnutrition during the war.

A high proportion of the volunteers were members of the historic peace churches (Brethren, Quakers, and Mennonites). The subjects, all healthy males, participated in a study of human semistarvation conducted by Ancel Keys and his colleagues at the University of Minnesota. The Minnesota Starvation Experiment, as it was later known, was a grueling six month study designed to gain insight into the physical and psychological effects of food deprivation. Those selected to participate in the experiment were a highly motivated and well-educated group; all had completed some college coursework, 18 had graduated, and a few had already begun graduate-level coursework.

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The Minnesota laboratory

During the experiment, the participants were subjected to semistarvation, most lost 25% of their body weight in total. The participants underwent extensive tests throughout the experiment. Body weight, size, and strength were recorded, and basic functions were tracked using X-rays, electrocardiograms, blood samples, and metabolic studies. Psychomotor and endurance tests were given, as the men walked on the laboratory treadmills, and participants received intelligence and personality tests from a team of psychologists.

The men ate meals twice a day. Typical meals consisted of cabbage, turnips and half a glass of milk. On another day, it might be rye bread and some beans. Keys designed the meals to be carbohydrate rich and protein poor, simulating what people in Europe might be eating, with an emphasis on potatoes, cabbage, macaroni and whole wheat bread (all in meagre proportions). Despite the reduction in food, Keys insisted that the men try to maintain their active lifestyle, including the 22 miles of walking each week.

The negative effects of the reduced food intake quickly became apparent. The men rapidly showed a remarkable decline in strength and energy. Keys charted a 21 per cent reduction in their physical strength, as measured by their performance, using a variety of methods, including a back lift dynamometer. The men complained that they felt old and constantly tired.

There were marked psychological effects, too. They developed a profound mental apathy. The men had strong political opinions, but as the grip of hunger tightened, political affairs and world events faded into irrelevance for them. Even sex and romance lost their appeal. Food became their overwhelming priority. The men obsessively read cookbooks, staring at pictures of food with almost pornographic obsession. One participant managed to collect over a 100 cookbooks with pictures over the course of the experiment.

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Some subjects diluted their food with water to make the meagre proportions seem like more. Others would savour each little bite and hold it in their mouth as long as possible. Eating became ritualised and took a long time.

One of the volunteers recalled memorising the location of all of the lifts in the university buildings because he struggled climbing stairs, and even experienced difficulty opening doors, he felt so weak. The researchers recognised that “energy is a commodity to be hoarded – living and eating quarters should be arranged conveniently” in a subsequent leaflet designed to help in accommodating the increasing weakness and lethargy in people needing aid and support to recover from semistarvation.

Within just a few weeks of the study, the psychological stress that affected all of the subjects became too much for one of the men, Franklin Watkins. He had a ‘breakdown’ after having vivid, disturbing dreams of cannibalism in which he was eating the flesh of an old man. He had to leave the experiment. Two more subjects also suffered severe psychological distress and episodes of psychosis during the semistarvation period, resulting in brief stays in the psychiatric ward of the Minnesota university hospital. One of the men had also reported stealing scraps of food from bins.

Among the conclusions from the study was the confirmation that prolonged semistarvation produces significant increases in depression, ‘hysteria’ and ‘hypochondriasis’, which was measured using the Minnesota Multiphasic Personality Inventory. Most volunteers experienced periods of severe emotional distress and depression. There were extreme reactions to the psychological effects during the experiment including self-mutilation (one subject amputated three fingers of his hand with an axe, though the subject was unsure if he had done so intentionally or accidentally.)

The men also became uncharacteristically irritable, introverted and argumentative towards each other, they became less sociable, experiencing an increasing need for privacy and quiet – noise of all kinds seemed to be very distracting and bothersome and especially so during mealtimes. The men became increasingly apathetic and frequently depressed.

The volunteers reported decreased tolerance for cold temperatures, and requested additional blankets, even in the middle of summer. They experienced dizziness, extreme tiredness, muscle soreness, hair loss, reduced coordination, and ringing in their ears. They were forced to withdraw from their university classes because they simply didn’t have the energy or motivation to attend and to concentrate. Other recorded problems were anemia, profound fatigue, apathy, extreme weakness, irritability, neurological deficits, and lower extremity fluid retention, slowed heart rate among other symptoms.

The Minnesota Experiment also focused study on attitudes, cognitive and social functioning and the behaviour patterns of those who have experienced semistarvation. The experiment illuminated a loss of ambition, self-discipline, motivation and willpower amongst the men once food deprivation commenced. There was a flattening of affect, and in the absence of all other emotions, Doctor Keys observed the resignation and submission that hunger very often manifests.

The understanding that food deprivation dramatically alters emotions, motivation, personality, and that nutrition directly and predictably affects the mind as well as the body is one of the legacies of the experiment.

In the last months of the experiment, the volunteers were fed back to health. Different groups were presented with different foods and calorie allowances. But it was months, even years – long after the men had returned home – before they had all fully recovered. Keys published his full report about the experiment in 1950. It was a substantial two-volume work titled The Biology of Human Starvation. To this day, it remains the most comprehensive scientific examination of the physical and psychological effects of hunger.

Keys emphasised the dramatic effect that semistarvation had on motivation, mental attitude and personality, and he concluded that democracy and nation building would not be possible in a population that did not have access to sufficient food.

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Further study of the impact of food deprivation and starvation on
psychological and cognitive deterioration – The Psychological Effects of Starvation in the Holocaust

Cognitive function deficits and demotivation associated with food deprivation: Blood glucose influences memory and attention in young adults

Nutritional deficiencies and detrimental consequences for mental health: Nutrition and mental health

A comprehensive study of the detrimental impacts of food insecurity on the development, behaviour, mental health and wellbeing, learning, educational attainment, citizenship and physical health of children in America: Child Food Insecurity: The Economic Impact on our Nation

The effects of breakfast on cognitive performance, academic performance and in-class behaviour in adolescents

Comprehensive computerized assessment of cognitive sequelae of a complete 12-16 hour fast

The Minnesota food deprivation experiment also established a link between food insecurity and deprivation and later unhealthful eating practice, eating disorders and obesity – Journal of the American Dietetic Association

2. Abraham Maslow and the hierarchy of human needs

“It is quite true that man lives by bread alone – when there is no bread.”

Maslow was humanist psychologist. He proposed his classical theory of motivation and the hierarchical nature of human needs in 1943. His critical insights have been translated into an iconic pyramid diagram, which depicts the full spectrum of needs, ranging from physical to psychosocial. Maslow believed that people possess a set of simple motivation systems that are unrelated to the punishments and rewards that behaviourists proposed, or the complexities of unconscious desires proposed by the psychoanalysts.

Maslow said basically that the imperative to fulfil basic needs will become stronger the longer the duration that they are denied. For example, the longer a person goes without food, the more hungry and preoccupied with food they will become.

So, a person must satisfy lower level basic biological needs before progressing on to meet higher level personal growth needs. A pressing need would have to be satisfied before someone would give their attention to the next highest need. If a person has not managed to meet their basic physical needs, it’s highly unlikely that they will be motivated to fulfil higher level psychosocial ones.

Maslow recognised that although every human is capable and has the desire to move up the hierarchy of needs to fulfil their potential, progress is often disrupted by a failure to meet lower level needs. Life experiences, including the loss of a job, loss of a home, poverty, illness, for example, may cause an individual to become trapped at the lower needs levels of the hierarchy.

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Maslow’s hierarchy of human needs

Some theorists have claimed that while Maslow’s hierarchy makes sense – it’s founded on an intuitive truth – it lacks scientific support. However, Maslow’s theory has certainly been verified by the findings of the Minnesota Experiment and other studies of the effects of food deprivation. Abraham Maslow’s humanist account of motivation also highlights the same connection between fundamental motives and immediate situational threats.

The experiment highlighted a striking sense of immediacy and fixation that arises when there are barriers to fulfilling basic physical needs – human motivation is frozen to meet survival needs, which take precedence over all other needs. This is observed and reflected in both the researcher’s and the subject’s accounts throughout the study. If a person is starving, the desire to obtain food will trump all other goals and dominate the person’s thought processes. This idea of cognitive priority is also clearly expressed in Maslow’s needs hierarchy. 

In a nutshell, this means that if people can’t meet their basic survival needs, it is extremely unlikely that they will have either the capability or motivation to meet higher level psychosocial needs, including social obligations and responsibilities to seek employment.


Conclusions: the poverty of responsibility and the politics of blame

American Conservative academic, Lawrence Mead, argued in 2010 that the government needed to “enforce values that have broken down” such as the “work ethic”, with an expensive, intrusive bureaucracy that “helped and hassled” people back to work. Mead was a Conservative political “scientist” who said that poverty was largely due to a breakdown of public authority. Poverty reflected disorder more than denials of opportunity. He felt that the poor were “too free,” rather than not free enough.

He believed that benefits should be “mean and conditional,” forcing recipients to take any available jobs. Calling himself a “new paternalist”, his proposal is that people must be taught to blame themselves for their hardships and accept that they deserve them. He believed that workfare should be an onerous threat, so that people opt out of the social security system altogether. (See: Guardian, June 16, 2010). Mead provided the theoretical basis for the American welfare reforms of the 1990s, which required adult recipients of welfare to work as a condition of aid.

The consequences of the US reforms have been dire for many families, both in and out of work. Many are now facing destitution as a consequence of the US welfare safety net being cut away. Mead also considerably influenced the UK Conservative-led welfare reforms.

The extremely conditional welfare approach that Mead advocated rests on the assumption that the problems it seeks to address are fundamentally behavioural in nature (rather than structural) and are therefore amenable to remedy through paternalist punishment, or, to borrow from the libertarian paternalist bland lexicon, through manipulation of  “cognitive biases“, in this case, one specifically known as loss aversion.

A paper, written in 2010 – Applying behavioural economics to welfare to work contained outlines of the pseudo-psychological justification for increasing the use of sanctions. The “research” was sponsored by Steve Moore, Business Development Director of esg , a key welfare to work consortium, which was established by two Tory donors with close ties to ministers. The Government’s Behavioural Insights Team (the “Nudge” Unit) provided a tenuous theoretical framework and a psychobabbled rationale for increasing and extending the use of benefit sanctions, transforming welfare provision into a system of directed political prejudice, discrimination and punishment.

The following year, in June, the government announced that it would toughen the sanctions regime, making it much more difficult for claimants to temporarily sign off benefits to avoid being forced into unpaid work. Perhaps the woefully under-recognised and under-acknowledged cognitive bias called “vested interests escaped the attention of libertarian paternalists, when esg were awarded two extremely lucrative government contracts with Iain Duncan Smith’s Department for Work and Pensions in 2011, which amounted to £73million.

So, the paper provides a justification narrative for welfare sanctions and mandatory work fare, and it also preempts an opportunity for work fare providers to make lots of profit and to subsidise private businesses with free labor at the expense of the UK’s poorest citizens and taxpayers. Yet the government’s own research also showed that the scheme does not help unemployed people to find paid employment once they have finished the four weeks of mandatory work “experience”. It also has no positive effect in “helping people off benefits” and into employment in the long term.

The libertarian paternalist justification narrative is basically a pseudoscientific attempt to pathologise and homogenise the psychology of unemployed people, justifying the need for a very lucrative “remedy,” which is costing the poorest citizens their autonomy, health and wellbeing. It’s also costing the public purse far more than it would to simply provide social security for people needing support in meeting their basic needs.

Furthermore, as I have previously pointed out, it flies in the face of established empirical evidence.

From the document in 2010, on page 18: The most obvious policy implication arising from loss aversion is that if policy-makers can clearly convey the losses that certain behaviour will incur, it may encourage people not to do it.” This of course assumes that being without a job is because of nothing more complex than opting for a “lifestyle choice.” 

And page 46: “Given that, for most people, losses are more important than comparable gains, it is important that potential losses are defined and made explicit to jobseekers (e.g.the sanctions regime).”

The recommendation on page 46: We believe the regime is currently too complex and, despite people’s tendency towards loss aversion, the lack of clarity around the sanctions regime can make it ineffective. Complexity prevents claimants from fully appreciating the financial losses they face if they do not comply with the conditions of their benefit.”

The Conservatives subsequently “simplified” sanctions by extending their use to previously protected groups, such as ill and disabled people and lone parents, increasing their severity and increasing the frequency of their use from 2012.

Of course there is a problem in assuming that punishing people will make them behave more “rationally,” and that is aside from the ethical dilemmas presented with neoliberal paternalists and businesses deciding what is “rational” and in other people’s “best interests.”

Deprivation substantially increases the risk of mental illnesses, including schizophrenia, depression, anxiety and substance addiction. Poverty can act as both a causal factor (e.g. stress resulting from poverty triggering depression) and a consequence of mental illness (e.g. schizophrenic symptoms leading to decreased socioeconomic status and prospects).

Poverty is a significant risk factor in a wide range of psychological illnesses. Researchers recently reviewed evidence for the effects of socioeconomic status on three categories: schizophrenia, mood and anxiety disorders and substance abuse. While not a comprehensive list of conditions associated with poverty, the issues raised in these three areas can be generalised, and have clear relevance for policy-makers.

The researchers concluded: “Fundamentally, poverty is an economic issue, not a psychological one. Understanding the psychological processes associated with poverty can improve the efficacy of economically focused reform, but is not a panacea. The proposals suggested here would supplement a focused economic strategy aimed at reducing poverty.” (Source: A review of psychological research into the causes and consequences of poverty, Ben Fell, Miles Hewstone, 2015.)

The Conservative shift in emphasis from structural to psychological explanations of poverty has far-reaching consequences. The recent partisan reconceptualision of poverty makes it much more difficult to define and measure. Such a conceptual change disconnects poverty from more than a century of detailed empirical and theoretical research, and we are witnessing an increasingly experimental approach to policy-making, as opposed to an evidence-based one, aimed solely at changing the behaviour of individuals, (to meet the demands of policy-makers) without their consent.

At least the Treasury is benefiting from the new conditionality and sanctions regime. Earlier this year, the Work and Pensions select committee heard independent estimates (committee member Debbie Abrahams MP said the DWP will not give or does not have figures) that since late 2012 sanctions had resulted in at least £275m being withheld from benefit claimants (the comparable figure for 2010 was £50m).

Many people in work are still living in poverty and reliant on in-work benefits, which undermines the libertarian paternalist case for increasing benefit conditionality somewhat, although those in low-paid work are still likely to be less poor than those reliant on out-of-work benefits. The Conservative “making work pay” slogan is a cryptographic reference to the punitive paternalist 1834 Poor Law principle of less eligibility.

But part of the government’s Universal Credit legislation is founded on the idea that working people in receipt of in-work benefits may face punitive benefits sanctions if they are deemed to be not trying hard enough to find higher paid work. It’s not as if the Conservatives have ever valued legitimate collective wage bargaining. In fact their legislative track record consistently demonstrates that they hate it, prioritising the authority of the state above all else.

Workplace disagreements about wages and conditions are now typically resolved neither by collective bargaining nor litigation but are left to management prerogative. Conservative aspirations are clear. They want cheap labor and low cost workers, unable to withdraw their labor, unprotected by either trade unions or employment rights and threatened with destitution via benefit sanction cuts if they refuse to accept low paid, low standard work. This is thought to “increase economic competitiveness.” Similarly, desperation and the “deterrent” effect of the 1834 Poor Law amendment served to drive down wages. In the Conservative’s view, trade unions distort the free labor market, which runs counter to New Right and neoliberal dogma.

Since 2010, the decline in UK wage levels has been among the very worst in Europe. The fall in earnings under the Coalition is the biggest in any parliament since 1880, according to analysis by the House of Commons Library, and at a time when the cost of living has spiralled upwards.

web-earnings-graphic

There has been a powerful shift back from progressive notions of collective social justice and equality to increasingly absurd, unfair and enforced individual responsibilities without concomitant rights, the underpinning Conservative view is that that socioeconomic inequality resulting from the free market is necessary and not something that the state need or should do anything about. Inequality in the UK is now greater than in any other European Union country, and including in the US. Yet the subsequent growing poverty and uncertainties of the labor market are irrationally held to be the responsibility of the individual.

In fact the state is forcefully redistributing the risks and burdens of job-market instability from the state to unemployed individuals. The “problem” of an entirely politically-defined  “welfare dependency” is presented with a “solution” in terms of a one-way transition into low-waged, poor quality work, which does not alleviate poverty.

Any analysis of the British economy over the past 40 years shows how the decline of union power since the early 1980s has coincided with the fall in the proportion of GDP that goes to wages, and the rise of private business profits. Boardroom pay has sky-rocketed whilst wages have been held down, as chief executives and directors no longer fear the effect of their pay rises on their staff. It’s a neoliberal myth that if firms are profitable, they are more likely to employ more workers, or that falling profitability is likely to reduce the demand for labor. One problem is that the government and employers have come to see the workforce as a disposable cost rather than an asset.

Wage repression has nothing whatsoever to do with workers, and threatening to punish low paid workers for their employer’s profit motive and the vagaries of an unregulated (liberalised) labor market by removing the in-work benefits that ensure exploited workers don’t face destitution is not only absurd, it is extremely cruel. The steady erosion of the post-war welfare state, and the increasing use of punitive approaches has served to further facilitate private sector wage repression. Nineteenth century notions of punitive deterrence have replaced civilised notions of citizen rights and entitlement, once again penalising people for the manifested symptoms but sidestepping the root causes of poverty.

Libertarian paternalist nudges may only work by stigmatising particular behaviours. The new “behavioural science” reflects an ideological and cultural rejuvenation of the Conservative’s ancient moral and prejudiced critique of the poor, polished by nothing more than pseudoscientific attempts at erecting a stage of credibility, using a kind of linguistic alchemy, based on purposefully manufactured semantic shifts and bland, meaningless acronyms.

What was once summarily dismissed from Victorian moralists such as Samuel Smiles, and Herbert Spencer, who is best known for the expression, and sociopolitical application of the social Darwinist phrase survival of the fittest, is now being recodified into the bland terminology and inane managementspeak acronyms emanating from the behavioural economics “insights” team – the semi-privatised Nudge Unit at the heart of the Cabinet Office.

This was the race to the bottom situation for many people in Victorian England, where conditions in the workhouses became appalling because conditions for unskilled workers were also appalling. It established a kind of market competition situation of the conditions of poverty, where “making work pay” invariably means never-ending reductions in the standard of living for unemployed people and those in low paid work. Benefit sanctions amount to cutting unemployment benefits, reducing choices by forcing people into any available low paid employment and have exactly the same effect: they drive down wages and devalue labour.

Narratives are representations of connected events and characters that have an identifiable structure, and contain implicit or explicit messages about social norms, and the topic being addressed as such may impact attitudes and behaviour. One way to shift perceptions and “change behaviours”, according to the new ‘economologists’, is through intensive social norms media campaigns. Media narratives are being nudged, too.

From MINDSPACE: Influencing behaviour through public policy,  David Halpern et al (2010):

“Framing is crucial when attempting to engage the public with behaviour change.”

“There are ways in which governments can boost their authority, and minimise psychological reactance in the public.”

Sometimes campaigns can increase perceptions of undesirable behaviour.”

Research shows that public ideas about poverty and unemployment depend heavily on how the issues are framed. When news media presentations frame poverty, for example, in terms of general outcome, people tend to believe that society collectively shares the responsibility for poverty. When poverty is framed as particular instances of individual poor people, responsibility is assigned to those individuals. In 1986, The General Social Survey documented how various descriptions of poor families influence the amount of assistance that people think they ought to have. Political framing is a powerful tool of social control. It agendarises issues (according to a dominant and Conservative economic, moral and social system that values thrift and moderation in all things, but mostly for the poorest people) and establishes the operational parameters of public debate.

The most controversial government policies are, to a large extent, reliant on dominant media narratives and images for garnering public endorsement. Prevailing patterns have emerged that systematically and intentionally stigmatise and scapegoat unemployed citizens, framing inequality and poverty as “causally linked” with degrees of personal responsibility, which is then used as a means of securing public acceptance for “rolling back the state.” News media define political issues for much of the public, and set simplistic access levels, often reducing  complex issues to basic dichotomies – and establishing default settings, to borrow from the lexicon of libertarian paternalists. Default settings allow policy-makers to shift the goalposts, and align public attitudes and behaviours with new policy objectives and outcomes. And ideology.

For example, one established default setting, is that hard work, regardless of how appropriate or rewarding, is the only means of escaping poverty. A variety of methods have been used to establish this, although the new paternalists tend to rely heavily on notions of political authority to manipulate social norms, the mainstream media has played a significant role in extending and propping up definitions of an ingroup of “hardworking families,” while othering, pathologising and outgrouping categories of persons previously considered exempt from employment, such as chronically ill and disabled people and lone parents.

The perpetual circulation of media images and discourse relating to characters pre-figured as welfare dependents, and accounts of the notion of a spiralling culture of dependency this past five years closely correspond with New Right narratives.

The marked shift from the principle of welfare provision on the basis of need to one that revisits nineteenth century notions of “deservingness” as a key moral criterion for the allocation of societal goods, with deservingness defined primarily in relation to preparedness to make societal contribution via paid work is likely to widen inequality. In fact behaviour theory approaches to policy simply prop up old Conservative prejudices about the nature of poverty, and provide pseudoscientific justification narratives for austerity, neoliberal and Conservative ideology. As such, nudge is revealed for what it is: an insidious form of behaviourism: operant conditioning; social engineering and the targeted and class-contingent restriction of citizen autonomy.

There are many examples on record of sanctions being applied unfairly, and of the devastating impact that sanctions are having on people who need to claim social security. Dr David Webster of Glasgow University has argued that benefit claimants are being subjected to an “amateurish, secret penal system which is more severe than the mainstream judicial system,” and that “the number of financial penalties (sanctions) imposed on benefit claimants by the Department of Work and Pensions now exceeds the number of fines imposed by the courts.

Furthermore, decisions on the “guilt” of noncompliance” are made in secret by officials who have no independent responsibility to act lawfully. Professor Michael Adler has raised concern that benefit sanctions are incompatable with the rule of law.

There is no doubt that sanctions are regressive, taking income that is designed to meet basic survival needs from families and individuals who are already very resource-constrained, is particularly draconian. But even by the proclaimed standards of the Department for Work and Pensions, sanctions are being applied unfairly, it’s a policy that has been based on discretionary arbitrary judgments, and the injustice and adverse consequences of welfare sanctions make their continued use untenable. As well as having clearly detrimental material and biological impacts, sanctions have unsurprisingly been associated with negative physical and mental health outcomes, increased stress and reduced emotional wellbeing recently, once again. (Dorsett, 2008; Goodwin, 2008; Griggs and Evans, 2010).

There has been a wealth of evidence that refutes the Conservative claim that benefit sanctions “incentivise” people and “help” them into employment. There is a distinction between compliance with welfare conditionality rules, off-flow  measurement and employment. Furthermore, there is no evidence that applying behaviourist principles to the treatment of people claiming social security, any subsequent behaviour change and positive employment outcomes are in any way correlated.

Sanctions don’t work, and the politics of punishment has no place in a so-called civilised society

The Conservative government have taken what can, at best, be described as an ambivalent attitude to evidence-gathering and presentation to support their claims to date. There is no evidence that welfare sanctions improve employment outcomes. There is no evidence that sanctions “change behaviours.” 

There is, in any case, a substantial difference between people conforming with welfare conditionality and rules, and gaining appropriate employment. And a further distinction between compliance and conversion. One difficulty is that since 2011, Job Centre Plus’s (JCP) primary key performance indicator has been off-flow from benefit at the 13th, 26th, 39th and 52nd weeks of claims. Previously JCP’s performance had been measured against a range of performance indicators, including off-flows from benefit into employment.

Indeed, when asked for evidence by the Work and Pensions Committee, one minister, in her determination to defend the Conservative sanction regime, regrettably provided misleading information on the destinations of JSA, Income Support and Employment Support Allowance claimants from 2011, that pre-dated the new sanctions regime introduced in 2012, in an attempt to challenge the findings of the University of Oxford/LSHTM study on the effects of sanctions on getting JSA claimants off-flow. (Fewer than 20 per cent of this group of people who were no longer in receipt of JSA were recorded as finding employment.) Source: Benefit sanctions policy beyond the Oakley Review – Work and Pensions.

National Assistance Scales were originally based on specialist calculation of the cost of a “basket of essential goods” necessary to sustain life that were devised by Seebohm Rowntree for Sir William Beveridge when he founded the Welfare State in the 1940s. Rowntree fixed his primary poverty threshold, in his pioneering study of poverty in York (1901), as the income required to purchase only physical necessities. The scales were devised to determine levels of support for unemployed people, sick and disabled people, and those who had retired or were widowed.

Rowntree’s research helped to advance our understanding of poverty. For example, he discovered that it was caused by structural factors –  resulting from unemployment and low wages, in 1899 – and not behavioural factors. Rowntree and Laver cited full employment policies, rises in real wages and the expansion of social welfare programmes as the key factors behind the significant fall in poverty by the 1950s. They could also demonstrate that, while 60% of poverty in 1936 was caused by low wages or unemployment, the corresponding figure by 1950 was only 1%. But we have witnessed a regression since Thatcher’s New Right era, and continue to do so because of an incoherent Conservative anti-welfare ideology, scapegoating narratives and neoliberal approaches to dismantling the social gains of the post-war democratic settlement.

Yet Rowntree’s basic approach to defining and addressing poverty remains unchallenged, both in terms of its empirical basis and in terms of positive social outcomes. There is categorically no doubt that human beings have to meet physical needs, having access to fundamental necessities such as food, fuel, clothing and shelter, for survival.

There is a weight of empirical evidence confirming that food deprivation is profoundly psychologically harmful as much as it is physiologically damaging. If people can’t meet their basic survival needs, it is extremely unlikely that they will either have the capability or motivation to meet higher level psychosocial needs, including social obligations, fulfilling responsibilities to find work and to meet conditionality requirements.

There is a clear relationship between human needs, human rights, and social justice. Needs are an important concept that guide empowerment based practices and the concept is intrinsic to social justice. Furthermore, the meeting of physiological and safety needs of citizens ought to be the very foundation of economic justice as well as the development of a democratic society.

An elitist, technocratic government that believes citizens are not reliably competent thinkers will treat those citizens differently to one that respects their reflective autonomy. Especially a government that has decided in the face of a history of contradictory evidence, that the “faulty behaviour” and decision-making of  individuals is the cause of social problems, such as inequality, poverty and unemployment.

Sanctioning  people who need financial support to meet their basic needs is cruel and can never work to “incentivise” people to “change their behaviours.” One reason is that poverty is not caused by the behaviour of poor people. Another is that sanctions work to demotivate and damage people, creating further perverse barriers to choices and opportunities, as well as stifling human potential.

Earlier this year, the Work and Pensions Select Committee heard evidence of a social security system that is built upon fear and intimidation. The Committee heard how sanctions can devastate claimant health and wellbeing. They impoverish already poor people and drive them to food banks. They can leave claimants even further away from work. Jobcentres routinely harass vulnerable jobseekers, “tripping them up” so they can stop their benefits and hit management-imposed sanctions targets (or as the Department for Work and Pensions would have it, “expectations” or “norms”).

Conservative claims about welfare sanctions are incommensurable with reality, evidence, academic frameworks and commonly accepted wisdom. It’s inconceivable that this government have failed to comprehend that imposing punishment in the form of financial sanctions on people who already have very limited resources for meeting their basic survival needs is not only irrational, it is absurdly and spectacularly cruel.

Sanctions are callous, dysfunctional and regressive, founded entirely on traditional Conservative prejudices about poor people and ideological assumptions. It is absolutely unacceptable that a government treats some people, including some of the UK’s most vulnerable citizens, in such horrifically cruel and dismissive way, in what was once a civilised first-world liberal democracy.

 
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Government told Universal Credit roll-out plans are “not credible”

66864_464287263640807_1896397853_nCourtesy of Robert Livingstone

The Government has been warned that their plan to see it’s flagship welfare policy – Universal Credit (UC) – implemented within five years is not “credible”. The benefit is to replace six of the main welfare benefits, and tax credits, with a single monthly payment. The aim is to save billions of pounds of taxpayers money.

UC, championed by Duncan Smith with David Cameron’s full support, received royal assent in 2012 with initial plans for a full roll-out by the 2015 general election.

David Freud, who was being questioned by MPs on the Work and Pensions Parliamentary Select Committee, said he was “quite confident” the plan would succeed, despite the fact that previous governments have said that the streamlining process is too complicated to implement unproblematically.

Lord Freud who is the government welfare adviser and somewhat controversial Parliamentary Under Secretary of State for Work and Pensions, said that he wants seven million people receiving the new Universal Credit by the “end of 2020”, despite only 146,000 people being on the system to date.

He said that the project was following an “S-curve”, which involved a “careful start, big ramp, and then a tail at the end”.

Asked at what stage the scheme was at, he said: “We are coming up to the approach trajectory.”

However, Labour’s Steve McCabe, who serves on the Committee, questioned whether the target was realistic given the modest number of people on it since the programme was “re-set” two years ago.

The MP said: “If we’re at 146,000 and we’re at the bottom of the S as it begins to rise, and you want to get to 7 million by May 2020, that would suggest by any standard you’ve got to be near 3 million in less than 18 months time.

“You’ve got to have a massive escalation at some point. How is that credible? I’m wondering how on earth you seriously believe you’ll hit that figure.”

Speaking to the HuffPost later, he said : “This matters because if you can’t get your projections right what does it mean for your projected savings and does that mean people will suffer? You’re left with a fragmented benefits system and a recipe for chaos.”

In response, Lord Freud insisted there would be “a massive escalation” once the system has been tested fully.

He defended Universal Credit for “producing benefits of £7 billion to society a year”, adding: “I will not hurry the department to do something that is so big.”

“It’s the most incredible programme. It’s much more efficient way of getting money to the poorest people,” he said.

Freud was questioned by the Committee regarding the prospect of the Chancellor raiding the Universal Credit budget and asked  if this would delay its roll-out, to which he replied: “It doesn’t give me cause for concern about the roll-out. That’s a slightly different issue.”

He added that changes to tax credits would mean “parallel changes” to the so-called working allowance element of Universal Credit.

He also said  he would “doubt it” if tax credits still existed in 2020, meaning they would be “replaced” by then.

“We will go on talking (with the Treasury) because the two systems are in parallel,” Lord Freud said.

A coalition of major Churches has warned the UK Government’s Welfare Reform and Work Bill will make some of poorest families in Britain even poorer. 

Paul Morrison, Public Issues Policy Adviser for the Methodist Church and author of the report, said: “No child should be left without enough in order to motivate their parents.

“If children live in a family which doesn’t have enough money they are more likely to die young, do worse at school, and experience worse health.

Commenting on the Welfare Reform and Work Bill and the Government’s proposed cuts to tax credits, Mr Morrison said: “Many of these families are already in work and working very hard.

“Any policy that claims that taking £1,000 from a family will enhance the life-chances of its children, as the Bill does, is not only supremely questionable but morally flawed.”

The study also shows that government policies are out  of step with public opinions, too, revealing that 61% of the general public believe benefits should be set at a high enough level to cover basic living costs, rather than too low to deter people claiming lifeline support when they need to.

Perhaps the focus on timescales and the problems with implementing UC has allowed the continuation of a dangerous myth: that the problems facing UC are all about delivery, rather than design.

In the universal credit white paper (pdf), the government argued:

Welfare dependency has become a significant problem in Britain with a huge social and economic cost.” The new benefit will be “leaner” and “firmer”.

The UK has one of the highest rates of children growing up in homes where no one works and this pattern repeats itself through the generations. Less than 60% of lone parents in the UK are in employment, compared to 70% or more in France, Germany and the Netherlands … Universal credit will start to change this. It will reintroduce the culture of work in households where it may have been absent for generations.

The Joseph Rowntree Foundation published a study that debunked  the notion of a “culture of worklessness” in 2012.  I’ve argued with others more recently that there are methodological weaknesses underlying the Conservative’s regressive psychopolitics based on behaviourist theories, especially a failure to scientifically test the permanence or otherwise of an underclass status, and a failure to distinguish between the impact of “personal inadequacy” and socio-economic misfortune and for failing to factor in political decision-making.

The theory which UC is premised on is not supported by empirical research – the idea of the cycle of “worklessness” has become “common sense.” Clearly, common perceptions of the causes of poverty are (being) misinformed. The individual behaviourist theory of poverty predicts that the same group of people remain in poverty. This doesn’t happen.

However, the structural theory predicts that different people are in poverty over time (and further, that we need to alter the economic structure to make things better). Longitudinal surveys show that impoverished people are not the same people every year. In other words, people move in and out of poverty: it’s a revolving door, as predicted by structural explanations of poverty.

And then there is the fact that in-work poverty is rising. Over the last five years, the UK has become the most unequal country in Europe, on the basis of income distribution and wages. If that increase in inequality arose because of individual failings, as the Conservatives are claiming, we need to ask why have those “personal failings” only become apparent so suddenly within the past five years.

The Conservatives are claiming that poverty arises because of the “faulty” lifestyle choices of people with personal deficits and aim to reconstruct the identities of poor people via psychopolitical interventions, but surely, it is only through a wholesale commitment to eliminating poverty by sincerely addressing unemployment, underemployment, job insecurity, low paid work, inadequate welfare support and institutionalised inequalities that any meaningful social progress can be made.

It could be argued that unemployment and in-work benefit claims are generally a measure of how well or poorly the government is handling the economy, not of how “lazy” or “incentivised” to work people are.

This post was written for Welfare Weekly, which is a socially responsible and ethical news provider, specialising in social welfare related news and opinion.

Osborne’s tax credit cuts omnishambles

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The Chancellor, George Osborne, has recently announced that the Conservatives are a true “workers party”  – claiming that his opponents, the Labour Party, represent the unemployed. But the Conservatives are attempting to re-write history: the Labour Party grew from the Trade Union Movement, and have a strong tradition of supporting worker’s rights and fair wages, and of course the Unions have retained close institutional links with the Labour Party.

Osborne has argued, somewhat absurdly, that reducing tax credit payments to people in low paid jobs would give them “economic security” by reducing the Government’s spending deficit. Labour argues that the richest should pay to cut the deficit, and has identified cuts to tax avoidance and corporate subsidies that could replace cuts to the lowest paid. Osborne’s priorities reflect a traditional Conservative ideology.

As Richard Murphy, from Tax Research UK, points out:

“… the government is forcing the burden of risk bearing onto those least able to bear it in society – that is those with the lowest income. So just as we now know inequality, especially concerning wealth, is rising rapidly, insecurity is also increasing exponentially as risk is being passed from those with the capacity to bear it to those who have not.”

Osborne’s “long-term economic plan” isn’t without controversy. According to many economists, during recessions, the government can stimulate the economy by intentionally running a deficit. The budget deficit is the annual amount the government has to borrow to meet the shortfall between current receipts (tax) and government spending.

Of course, last year, serious doubts were raised regarding Osborne’s deficit targets after the treasury met a significant tax revenue shortfall. Osborne’s obsession with deficit cutting and the Conservative small-state ideology has clearly overlooked the problems created by poor pay and high living costs, which has impacted detrimentally at both a micro and macro level, creating an economic spiral of cuts and stagnation. And it has widened inequality significantly.

In order to keep his promises on further future tax cuts for higher earners, Osborne will invariably make 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 recently criticised George 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.

It was announced today that the Work and Pensions Committee is holding an urgent evidence gathering session on the proposed reforms to the tax credit system on Monday 26 October. The Committee will question representatives of respected independent think tanks that have analysed the impact of the Conservative plans, including the IFS and the Resolution Foundation, who revealed that the planned welfare cuts will lead to an increase of 200,000 working households living in poverty by 2020, and that almost two-thirds of the cut would be borne by the poorest 30 per cent of households, whilst almost none of the cuts will fall upon the richest 40 per cent of households.

A Labour motion calling on the government to rethink the controversial tax credit cuts has been defeated in the Commons. But despite Labour losing the vote today, the debate saw a number of Tory MPs attack the proposed changes, too.

In her maiden speech today, Tory MP Heidi Allen said that her party risks betraying its values, as she voiced her opposition to tax credit cuts.

She suggested ministers were losing sight of the difficulties of working people in their “single-minded determination to achieve a [budget] surplus”. She also said that the tax credit changes do not pass the “family test”, warning that the pace of the reforms is “too hard and too fast”.

The opposition day motion called for a reversal of the policy but MPs voted against it by 317 to 295 – a government majority of just 22. Next week, the vote in the House of Lords was set to be far closer, with the very real possibility that on Monday, Peers would  vote to block the changes. Because the tax credit cut proposals were not in the Tory manifesto, it means they are not bound by the usual Salisbury convention that prevents the peers from blocking election promises.

Also, the tax credit cuts were not included in the Finance Bill, which normally enacts a Budget, and the opposition have used the opportunity to seize on the fact that a Statutory Instrument can be halted by a single House of Lords vote.

Mr Cameron effectively ruled out cutting the benefit before the election, telling a voters 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.

Despite the fact that the chancellor faces a growing rebellion against the cuts among Tory MPs, the government told the group of crossbench peers that they also “risked” a renewed push to weaken the powers of the upper house if they refused to back down.

The threats from the government that came because it was facing probable defeat on what is an extremely unpopular reform, even amongst their own party ranks, are truly remarkable, showing a contempt for democratic process and a lack of willingness to engage in transparent dialogue. They came after Lady Meacher, a crossbencher who is the former chair of the East London NHS Trust, threatened to table a “fatal motion” to kill off the cuts to tax credits.

The Tories do not have a majority in the Lords and faced defeat after Labour and the Liberal Democrats said they would support Lady Meacher.

It is understood that Meacher withdrew her fatal motion on Tuesday night and announced she would table a motion calling on the government to deliver a report responding to the warning by the Institute for Fiscal Studies that 3 million families would lose over £1,000 a year.

Meacher told the Guardian today:

My plan at the moment is to put down a motion which will prevent this regulation being approved on Monday, which will require the government to produce a report responding to the IFS analysis and consider mitigating action before bringing it back. This gives time to the House of Commons to go on doing what they are doing. There are Tory MPs horrified by this.

So we are giving the government time to think again, but the word fatal would not be appropriate. This is causing a great deal of consternation at government level and we are trying to find a way through which will ensure that the government revisits these regulations

This move will also allow time for the Work and Pensions Committee to gather further evidence to present to the government, too. The Committee have stated that they will ask representatives questions on the following topics;

  • The impact of the April 2016 tax credit cuts (in isolation and in the context of other welfare measures in the Summer Budget), and the National Living Wage
  • The winners and losers and their characteristics
  • The extent to which the National Living Wage will compensate individuals receiving lower tax credit payments
  • The distributional impact of these measures, individually and combined
  • The scale of the financial gains/losses to households and what influences this
  • The quality of the analysis produced by the Government to support their proposals
  • Other options for achieving savings from the tax credit system that will mitigate the impact on the least well off
  • The implications for work incentives and the Government’s wider objectives in welfare reform

Select Committees work in both Houses of parliament. They check and report on areas ranging from the work of government departments to economic affairs. The results of these inquiries are made public and the Government must respond to their findings.

A select committee is a cross-party group of MPs or Lords given a specific remit to investigate and report back to the House that set it up. Select committees are one of the key ways in which Parliament makes sure the Government is adequately scrutinised, held to account, and has to explain or justify what it is doing or how it is spending taxpayers’ money.

Committee findings are reported to the Commons, printed, and published on the Parliament website. The government then usually has 60 days to respond to the committee’s recommendations.

The Osborne omnishambles is far from done and dusted yet.

555114_453356604733873_1986499794_nPictures courtesy of Robert Livingstone

Iain Duncan Smith used false statistics again to justify disability benefit cuts

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The Department of Work and Pensions has a long track record of misusing statistics, making unsubstantiated inferences and stigmatising claimants, and it’s clear these are tactics used to vindicate further welfare cuts.

The Tories have peddled the lie that he UK was “on the brink bankruptcy” and claimed the solution to is to cut government spending with a painful programme of austerity cuts. Of course, the UK economy was growing in 2010 when the Tories took over and was subsequently plunged back into recession by Osborne’s austerity policies, which have meant that the economy has not grown at all under the coalition; and for much of their tenure has been contracting. Despite the fact that Osborne was officially rebuked for this lie, the Goebbels-styled repetition propaganda technique employed by the conservatives has embedded this lie in the minds of the public.  However, our current problems are the result of a global financial crisis that we and not the banks that caused it, continue to pay for.

Austerity is a smokescreen – the Coalition has used the deficit as an excuse to do what they have always wanted to do: shrink the state, privatise the NHS, and hand out our money to the wealthy minority. We cannot trust them. 

It’s become clear that the Tories have seized an opportunity to dismantle the institutions they have always hated since the post-war social democratic settlement – institutions of health, welfare, education, culture and human rights which should be provided for all citizens. The Tories also attempt to destroy fundamental public support for the health, education and welfare of its people by a divisive scapegoating of vulnerable groups, perpetuated via the media, and by offering and inflicting only regressive, punitive policies and devastating cuts. 

The  Official statistics watchdog (UKSA) has found that the Department for Work and Pensions (DWP) have repeatedly made false claims about the numbers of people living on disability benefits.

Ministers claim that the majority of people claiming disability living allowance (DLA) were given benefits for life, and without any supporting medical evidence. This is untrue.

According to DWP press releases:

“More than 50% of decisions on entitlement are made on the basis of the claim form alone, without any additional corroborating medical evidence.”

However, the UK Statistics Authority (UKSA) found that the real percentage of claims passed without supporting medical evidence was just 10%.

The DWP also claimed that “Under the current system of Disability Living Allowance, 71% of claimants get indefinite awards without systematic reassessments.” However the UKSA found that in the last two years, just 23% and 24% of claimants were given indefinite awards of DLA.

 

The DWP accept that their claims were “ambiguous” and “had not been re-checked by the Department’s analysts, as is the usual practice.”

The findings were uncovered by an investigation by Channel Four News following complaint by the charity Parkinson’s UK.

 Parkinson’s UK policy advisor Donna O’Brien said:

“People with Parkinson’s who claimed DLA have told us supporting medical evidence was crucial due to a woeful knowledge of the condition amongst assessors, and it is absurd that the Government was trying to imply that anyone going through the system had an easy ride.”

This is the third time in the past year that Iain Duncan Smith has come under fire for the use of false statistics to justify cuts to benefits.

Last year Duncan Smith was rebuked by UKSA for misuse of benefit statistics. He claimed that 8000 people who had been affected by the benefits cap had “moved back into work.”

The UKSA found that this figure was “unsupported by the official statistics.”

Another statement by Duncan Smith later in the month also drew criticism and a reprimand. The minister said around 1 million people have been stuck on benefits for at least three of the last four years “despite being judged capable of preparing or looking for work”.

However, the figures cited also included single mothers, people who were seriously ill, and people awaiting their assessment.

Grant Shapps was also rebuked by UK Statistics Authority for misrepresenting benefit figures – Shapps joined his fellow Conservatives in the data hall of shame. In March, the Tory chairman claimed that “nearly a million people” (878,300) on incapacity benefit had dropped their claims, rather than face a new medical assessment for its successor, the employment and support allowance (ESA).

The figures, he said, “demonstrate how the welfare system was broken under Labour and why our reforms are so important”.  The claim was faithfully reported by the Sunday Telegraph  but as the UK Statistics Authority has now confirmed in its response to Labour MP Sheila Gilmore (the complainant), it was entirely and intentionally fabricated.

In his letter to Shapps and Iain Duncan Smith, UKSA chair Andrew Dilnot writes that the figure conflated “official statistics relating to new claimants of the ESA with official statistics on recipients of the incapacity benefit (IB) who are being migrated across to the ESA”.

Of the 603,600 incapacity benefit claimants referred for reassessment as part of the introduction of the ESA between March 2011 and May 2012, just 19,700 (somewhat short of Shapps’s “nearly a million) abandoned their claims prior to a work capability assessment in the period up to May 2012. The figure of 878,300 refers to the total of new claims for the ESA closed before medical assessment from October 2008 to May 2012.

Thus, Shapps’s suggestion that the 878,300 were pre-existing claimants, who would rather lose their benefits than be exposed as “scroungers”, was entirely wrong. As significantly, there is no evidence that those who abandoned their claims did so for the reasons ascribed by Shapps. However, he did at least honestly reveal his own prejudices regarding disabled people, at least. But he did so without a trace of shame and remorse.

At the time Iain Duncan Smith dismissed the findings, saying that he “believed” that he was “right”, anyway. It seems that Iain Duncan Smith has some disdain for evidence-based policy.

“I believe this to be right, I believe that we are already seeing people going back to work who were not going to go back to work,”  he said.

This is a remarkable claim, given that the Department for Work and Pensions does not track the destination of people no longer entitled to benefits. Simply measuring how many people no longer claim benefits does not accurately reflect the numbers of those actually moving into employment. The DWP off-flow figures will inevitably include many having their claim ended for reasons other than securing employment, including sanctions, awaiting mandatory review, appeal, death, hospitalisation, imprisonment, or on a government “training scheme” (workfare). 

In 2011, the Work and Pensions Select Committee warned the Department for Work and Pensions (DWP) needed to take more care when releasing and commenting on benefit statistics, to make sure media stories were “accurate.”

It seems unlikely, however, that accuracy will replace Duncan Smith’s “gut feelings” and ideologically-driven rhetoric – which is aimed at presenting excuses for the steady reduction of support for the most vulnerable citizens – any time soon.

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Pictures courtesy of Robert Livingstone 

PIP and the Tory monologue

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Here is a very important leaked correspondence between Dame Anne Begg and Esther McVey regarding PIP. (Personal Independence Payment, which is to replace Disability Living Allowance.) The correspondence flags up some serious concerns regarding a lack of transparency and accountability, responsiveness and a basic lack of following established democratic norms and protocol on the part of  the current Government. Mounting successful challenges to reform requires having detailed information regarding that reform. Here is clear evidence that the Conservatives are intentionally stifling democratic dialogue.

There are some serious issues raised in Esther McVey’s response that signal some very worrying changes to advisory groups and their role in how they influence policies. Esther McVey is indicating that the Secretary of State has already moved away from dialogue with, and paying heed to independent groups, as well as secretly deciding that any input and advice at all does not need to be published and open to public scrutiny. It signals that the Government will no longer be obliged to do anything more than pay lip service to consulting independent groups. Of course such consultations are crucial mechanisms of democratic process, scrutiny, the safeguarding of human rights, as well as Government transparency and accountability. Here we see evidence that these mechanisms are being very quietly dismantled. This clearly signals an authoritarian turn on the part of the government.

McVey has managed to avoid going before the Work and Pensions Select Committee, and she is telling the Committee that she intends to publish the Government’s response the SAME DAY as the secondary regulations are presented to Parliament. This gives us no time whatsoever for scrutiny, analysis, preparation or effective challenge.

Letter from Anne Begg to Esther McVey:

Dear Minister

Disability Living Allowance and Personal Independence Payment (PIP)

You will be aware from the debate in Westminster Hall on 25 October that the Committee has a number of outstanding concerns about the eligibility criteria and plans for implementation for PIP. As you know, we had hoped to explore these issues in an evidence session with you in November. Committee staff had been in the process of trying to identify a suitable date through your officials.

We first invited you to appear during the week of 5 November but you did not have a diary slot available that week. You then offered 9.00 am on 12 or 13 November, but neither of these was possible for Committee members (particularly as one was a Monday morning when we are travelling from our constituencies). Our next suggestion was 21 November.

The issue now seems to have moved on from being simply a diary problem. Your officials have indicated that you would prefer not to give evidence before the PIP Regulations are published because you feel you would be unable to answer the Committee’s questions. I would like to make clear that our intention was that our evidence session should inform the drafting of the Regulations, and the eligibility criteria, before they are finalised and laid before Parliament. The change in your position suggests to us that final decisions have already been made.

We would be grateful for your response to the following questions to help clarify the situation:

1. When do you plan to respond to the consultations on the draft assessment criteria and thresholds and on finalising the detailed rules for PIP?

2. Will the relevant Regulations, including the draft assessment criteria, be published in draft and subject to some form of further consultation, before they are laid before Parliament? If so, what is the timescale for this and what scope will there be to amend them further?

3. When do you expect the final Regulations to be laid (officials have been able to tell us only that they will be laid “before the end of the year”). If it is your position that it is already too late for the Committee to influence the finalising of the relevant Regulations, I would ask you to give a commitment to appear before us as soon as possible after they are laid, to explain the rationale for the final decisions you have made.

Draft Public Bodies (Abolition of the Disability Living Allowance Advisory Board) Order 2013

Departmental select committees (DSCs) have a formal role in scrutinising draft Orders laid under the Public Bodies Act. Departments are required to bring these draft Orders to the attention of the relevant DSC. The Committee has the power, as set out in Cabinet Office guidance, to recommend an extension of the laying period to 60 days if it decides this is necessary to ensure proper scrutiny.

DWP staff failed to bring the Draft Order on the DLA Advisory Board, which was laid on 15 October, to the Committee’s attention. The Committee staff only became aware of it because the House of Lords Secondary Legislation Scrutiny Committee contacted them to discuss the respective action each committee planned to take.

We are concerned about this lack of recognition by the Department of my Committee’s formal scrutiny role in relation to draft Orders under the Public Bodies Act. Officials have tried to allay the Committee’s concerns about the draft Order by saying that it does not do anything significant. I would make two points about this. Firstly, it is for the Committee to decide whether any matter within its remit is significant or not, including draft Orders. Secondly, the agreed formal procedures should be adhered to whether or not officials regard an issue as significant.

I would be grateful for your assurance that the Department will adhere to the agreed procedure on future occasions.

We understand that the Lords Scrutiny Committee has expressed concerns about the Department’s failure to carry out any consultation on the proposed abolition and has recommended an extension of the scrutiny period to 60 days [12th Report, HL 55, 1 November 2012]. We agree with this recommendation.

Turning to the substantive issues raised by the draft Order, the Committee staff made clear to your officials that we were willing to deal with these as part of the broader oral evidence session with you on PIP—if you had been able to attend a meeting before the 40-day laying period expires on 28 November.

As you no longer intend to appear before us in November, we would be grateful for your response to the following questions on the implications of the abolition of the DLA Advisory Board:

1. What measures will be put in place to protect the interests of non working-age claimants who will continue to claim DLA?

2. What measures will be put in place to protect the interests of working-age DLA claimants prior to their migration to PIP?

3. What will be the composition of the PIP advisory group referred to in paragraph 7.5 (b) of the PBO explanatory memorandum?

4. Will the advice of the PIP advisory group be published?
I would be grateful for your response by Friday 9 November.

Yours sincerely
Dame Anne Begg MP

Chair
Dame Anne Begg.

I suppose the terms of authoritarianism extend to have an impact on opposition parties and affect their capacity to gather information and organise actions much the same as they do campaigners and the general population. Again, without being provided with information and crucial detail, it becomes very difficult to mount a successful challenge against controversial legislation. This is a Government that does exactly what it chooses, and barely bothers justifying itself. Consider, for example, that no impact assessment was carried out regarding the welfare reforms. Or that the risk register concerning the Health and Social Care Bill has yet to be published and made accessible to the public.

It’s also noteworthy that Cameron is currently proposing that consultations, equality impact assessments, audits, judiciary review are all simply “inconveniences” that are (and I quote) “… not how you get things done…” 

Ask yourself what kind of things Cameron “wants to get done” bearing in mind that every single policy that this Government has designed and implemented has been about taking money away from the poorest people, and reducing the lives and experiences of the most vulnerable citizens, rather than enhancing those lives in any way.

Consider that these legislative mechanisms are important to democratic process, accountability, procedure and law, as well as being basic human rights safeguards. This is a Government that clearly is not about reflecting and meeting the needs of the public.

The Government have been made aware that sick and disabled people are dying after Atos have assessed them as fit for work. Ask yourself what kind of Government flatly and loudly denies that this is the case, without investigating the truth of the many serious concerns raised, and looking at the many cases that have been presented to them during debates in Parliament. What kind of Government tells lies about marginalised social groups, and propagates hateful stereotypes of marginalised citizens in the media to justify removing their welfare – calculated to cover basic living costs. Welfare provision is paid for via taxes, which many sick and disabled people have also paid. Our welfare support is NOT a “handout”: it is our money, our national insurance, paid by us for when we have a need of support. Social security.

Below are a couple of key paragraphs from McVey’s response to Dame Begg. These reflect the quiet dismantling of the Disability Living Advisory Committee, and the fact there is no advisory report or a formal advisory group regarding the development of PIP. Note again that the Government is not big on following procedure, or being transparent, accountable and consultative.

E. McVey: “Public Bodies (Abolition of the Disability Living Advisory Board) Order 2013

Please accept my apologies that the draft Order was not formally brought to the attention of the Committee as it should have been done. I understand that Cabinet Office made the Secretariat of the Committee aware that a draft Order was in the offing earlier in the year but unfortunately procedures were not followed through on a formal basis as they should have been. I will ensure that the Department will adhere to the agreed procedure on future occasions.

I hope my answers to your questions explain why we have taken the view that this Body which has not been asked to give any advice since 2008 had an extremely limited remit and why officials thought it proportionate to deal with the questions you raise on a correspondence basis. We certainly had no intention of disparaging the important role the Committee undertakes. I have set out my replies to your questions below.”….

“There will not be a PIP Advisory Group in the way that the Disability Living Allowance advisory group operates. In the Explanatory Document to the Public Body Order we explain that we have decided to use time-limited advisory groups and that the people asked to help us develop the assessment criteria for Personal Independence Payment (the Assessment Development Group) encompassed a wide range of expertise across health, social care and disability, including from occupational therapy, psychiatry, physiotherapy, social work, general practice, as well as representatives from Equality 2025 and Disability Rights UK. We included the Assessment Development Group in the Explanatory Memorandum as an example of how the Secretary of State is using a time-limited advisory group in policy development.”….

[Note the fact that the time limited invisible Advisory group approach doesn’t apply to just the PIP legislative development, it is to apply to ALL policy development. Also note she later goes on to say that “There was no FORMAL Advisory group, there is therefore no formal report from the Group, nor is there a requirement to publish their advice.”]

Section 89 of the Welfare Reform Act 2012 requires the Secretary of State to lay before Parliament an independent report on the operation of assessment within two years of regulations under section 80 coming into force and a second report within four years of that date.

Will the advice of the advisory Group be published?

As mentioned above there is no formal Advisory Group. The assessment criteria for Personal Independence Payment were developed in close collaboration with the Assessment Development Group. Although members sometimes submitted written comments on proposals, advice was generally given verbally and captured in meeting minutes.

There is therefore no formal report from the Group, nor is there a requirement to publish their advice, although we have published details of the development process in the explanatory notes which have accompanied the first and second drafts of the assessment criteria. The explanatory notes can be found at http://www.dwp.gov.uk/policy/disability/personal-independence-payment/the-assessment-criteria/

I hope this reply is helpful to the Committee.

Esther McVey MP
Parliamentary Under Secretary of State and Minister for Disabled People

Anne Begg : “Disability groups have not been consulted about the framing of the PIP assessment contracts or the guidance to assessors, so, although there has been limited consultation, the wider implications of how the measure will work in practice have not been subject to any kind of co-production. In one meeting, the Disability Benefits Consortium told us that the documents had been counted in and counted up, and that it had been given 15 minutes to look at them. That, again, is hardly co-production.

On the PIP assessment, the Government have said that there will be a requirement for face-to-face assessments for most claimants. That also raises a number of questions. On what basis did the Government come to that conclusion? Will the Government not be able to take account of existing evidence in most cases? That leads me to a question on a slightly different point: will there be any transfer of information already held by the Department for Work and Pensions, so that people do not have continually to remind it of such things as, “This is a glass eye, and of course I am not going to see out of it.” That is not as daft as it sounds. Sometimes, when people have gone for a WCA they have been asked what vision they have in their left eye when they have not had a left eye for decades.” – Dame Anne Begg, Daily Hansard – Westminster Hall 25 Oct 2012 : Column 319WH Westminster Hall.

Here is the full response from Esther McVey :

Dame Anne Begg MP
Chair
Work and Pensions Select Committee
7 Millbank
LONDON
SW1A 0AA
8 November 2012

Dear Anne

Thank you for your letter of 1 November. I am sorry we have been unable to identify an opportunity in November for me to appear before the Select Committee to discuss the PIP assessment criteria and regulations.

The Department has taken considerable time to develop the assessment criteria, throughout which we have sought to be transparent and to engage with and seek the views of disabled people, their organisations and parliamentarians. Our initial proposals for Disability Living Allowance reform, including the high-level principles of the assessment, were published in December 2010.

We published a first draft of the detailed proposals for the assessment criteria and regulations in May 2011, a second draft in November 2011 and ran significant consultations on both. The consultation on the second draft ran from January to the end of April this year, during which we received around 1,100 written responses and met with around 60 disability organisations.

Since the consultation closed on April 30 the Department has been carefully considering the responses received to identify any areas that we need to change to ensure that the assessment is both fair and operates effectively. As part of this we have also considered the comments made in the Select Committee’s report of 19 February and during the evidence session attended by my predecessor in December 2011.

We have also been working to test proposals for change, so we can understand the likely impact of the revised assessment. This work has now concluded and we have reached conclusions on the content of the finalised assessment criteria and regulations. We are now in the process of finalising the drafting of the government response and regulations and discussing the detail with colleagues across government.

We intend to publish a joint response to the consultations on the assessment criteria and benefit rules as soon as it is ready. While we do not yet have a firm date for publication, I am confident that it will be before the December recess. I do appreciate that many people would have liked an earlier response but it has been essential to take our time on this important issue and make sure we get the decisions right.

We have also not yet reached any final decisions on the publication of the PIP regulations but I think it likely that the key regulations will be published and laid on the same day as the government response.

Given the significant engagement that has already been undertaken, we are not intending to carry out any further consultation on draft regulations. However, we agreed during the passage of the Welfare Reform Act that the key regulations on PIP relating to benefit entitlement would be affirmative, which will allow Parliament further opportunity to scrutinise them.

I realise that this response is likely to be disappointing. However, I do consider that the development of our proposals for PIP has been carried out in a transparent and consultative fashion and that there has been full opportunity for the Committee to comment and offer suggestions for changes over the two year development process. We will be offering briefing sessions to MPs and Peers to explain the government response and regulations before the regulations are debated and I would be very happy to appear before the Select Committee to do the same to explain the rationale, as you suggest.

Draft Public Bodies (Abolition of the Disability Living Advisory Board) Order 2013

Please accept my apologies that the draft Order was not formally brought to the attention of the Committee as it should have been done. I understand that Cabinet Office made the Secretariat of the Committee aware that a draft Order was in the offing earlier in the year but unfortunately procedures were not followed through on a formal basis as they should have been. I will ensure that the Department will adhere to the agreed procedure on future occasions.

I hope my answers to your questions explain why we have taken the view that this Body which has not been asked to give any advice since 2008 had an extremely limited remit and why officials thought it proportionate to deal with the questions you raise on a correspondence basis. We certainly had no intention of disparaging the important role the Committee undertakes. I have set out my replies to your questions below.

1. What measures will be put in place to protect the interests of non working-age claimants who will continue to claim DLA?

DLAAB ‘s function is to issue the Secretary of State with independent advice. It does not exist to protect DLA claimants’ interests although of course the Board members had an interest in the integrity of the benefit system. It is not part of the decision making process for benefits and has no power to intervene in individual claims for Disability Living Allowance and Attendance Allowance. DLAAB has not provided any advice since 2008.

Work undertaken by the Board over the years concentrated mainly on medical reports on specific conditions or illnesses. This was usually because the department had detected a potential issue. For instance the department noted that DLA spending on “behavioural disorder” cases (which included ADHD cases) had increased much more rapidly than spending on other child recipients. In light of this the Board was asked to advise:

  •  whether there has been an increase in the number of children diagnosed with ADHD generally and, if so, suggest reasons for the increase; and 
  •  could the increased numbers of children in receipt of DLA be directly related to the increase in diagnosis or were there other reasons?

The Secretary of State will still commission work if he thinks this is necessary using task and finish groups as and when required and ensuring that the appropriate specialisms are covered. Even with the wide breath of professions covered by DLAAB it was still necessary on occasion to co-opt professionals with particular expertise as in the Attention Deficit Hyperactivity Disorder study where a Consultant Child and Adolescent Psychiatrist was asked to provide advice.

Claimants have always had the right to ask for a reconsideration if they are unhappy with a decision and then appeal to an independent tribunal if still dissatisfied. The Welfare Reform Act 2012 includes powers to require all claimants to seek a reconsideration before they can appeal to an independent tribunal. There is a complaints system which claimants can utilise which is advertised on the DWP website. Claimants may also apply to the Independent Case Examiner, if they consider the department has not treated them fairly or have not dealt with complaints in a satisfactory manner.

2. What measures will be put in place to protect the interests of working-age DLA claimants prior to their migration to PIP.

As explained above this was never the role of DLAAB. The same rights apply to working- age and non working-age people.

3. What will be the composition of the PIP advisory group referred to in paragraph 7.5 (b) of the PBO explanatory memorandum?

There will not be a PIP Advisory Group in the way that the Disability Living Allowance advisory group operates. In the Explanatory Document to the Public Body Order we explain that we have decided to use time-limited advisory groups and that the people asked to help us develop the assessment criteria for Personal Independence Payment (the Assessment Development Group) encompassed a wide range of expertise across health, social care and disability, including from occupational therapy, psychiatry, physiotherapy, social work, general practice, as well as representatives from Equality 2025 and Disability Rights UK. We included the Assessment Development Group in the Explanatory Memorandum as an example of how the Secretary of State is using a time-limited advisory group in policy development.

We will also continue to liaise and listen to other stakeholders of and from disability organisations including Equality 2025 which is a non-departmental public body of publicly-appointed disabled people. The group offers strategic, confidential advice to government on issues that affect disabled people. This advice can include participation in the very early stages of policy development or in-depth examination
of existing policy. The group works with ministers and senior officials across government.

Section 89 of the Welfare Reform Act 2012 requires the Secretary of State to lay before Parliament an independent report on the operation of assessment within two years of regulations under section 80 coming into force and a second report within four years of that date.

4. Will the advice of the advisory Group be published?

As mentioned above there is no formal Advisory Group. The assessment criteria for Personal Independence Payment were developed in close collaboration with the Assessment Development Group. Although members sometimes submitted written comments on proposals, advice was generally given verbally and captured in meeting minutes. There is therefore no formal report from the Group, nor is there a requirement to publish their advice, although we have published details of the development process in the explanatory notes which have accompanied the first and second drafts of the assessment criteria. The explanatory notes can be found at http://www.dwp.gov.uk/policy/disability/personal-independence-payment/the-assessment-criteria/

I hope this reply is helpful to the Committee.

Esther McVey MP
Parliamentary Under Secretary of State and Minister for Disabled People

 

Picture by Robert Livingstone

Pictures courtesy of Rob Livingstone 

I ought to update this in light of recent events. Campaigners won an important victory regarding an essential regulation being excluded from the PIP legislation, namely, the “reliably, repeatedly and safely” adjustment, that is an essential mechanism in ensuring that “fluctuating” conditions are fairly considered and assessed.

However, many disabled activists were shocked and angry when Esther McVey, the Conservative minister for disabled people, suddenly announced the unexpected changes in December. The alterations to the regulations that will decide who is eligible for the new personal independence payment (PIP) – which will gradually replace working-age disability living allowance from this April – saw the key walking distance criteria reduced from 50 to 20 metres.

There has been absolutely NO Consultation on this whatsoever. That in itself warrants a legal challenge. The alteration of the distance criteria has been challenged by the Labour  Party, too. Anne McGuire, Labour’s shadow minister for disabled people, said disabled people had “been alarmed at the hurdle they will now face before being awarded the enhanced mobility rate”.

She said: “Most of those who have looked at these descriptors would say that a 20-metre qualifying distance simply does not provide a practical level of mobility.”

She said about 200 disabled people in every parliamentary constituency were likely to lose their Motability vehicle with a 20-metre qualifying distance.

And she pointed out that one of the Department for Transport’s own publications, Inclusive Mobility, recommends that “seating should be provided on pedestrian routes at intervals of no more than 50 metres, and that parking spaces for blue badge holders should preferably be provided within 50 metres of the facilities they serve”.

Another issue that concerns me is that McVey as good as admitted there are built in targets to reduce/remove eligibility for PIP. How could she know in advance of assessments, otherwise, that “330,000 of claimants are expected to either lose their benefit altogether or see their payments reduced”, as she informed the House of Commons?

http://www.guardian.co.uk/society/2013/apr/08/disabled-claimants-legal-action-mobility-tests