Cutting red tape has cost the taxpayer billions

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accident, allowance, assessment, business, Coalition, Conservative, corruption, Department, disability, disabled, DWP, employment, ESA, government, health, Incapacity, injury, inspection, Michael Fallon, Mike Sivier, mikesivier, minister, money, Pensions, people, politics, red tape, regulation, safety, sick, social security, support, tax, taxpayer, Tories, Tory, Vox Political, welfare, work, workplace

A waste of taxpayers’ money: This is Tory business minister and twit Michael Fallon. The amount of money his ‘red tape’ cuts have cost this country mean he should be behind bars, not in front of them.

Conservative business minister Michael Fallon has announced that the Coalition government’s cuts in ‘red tape’ are saving businesses £1.5 billion every year. How wonderful for him.

What he has neglected to mention is the fact that the taxpayer will have to pick up the tab – possibly at much greater cost.

Fallon reckons the government is “stripping back unnecessary rules that restrict enterprise and act as a brake on jobs and growth”.

For example, the Coalition has:

• Removed thousands of “low risk” businesses from “unnecessary” health and safety inspections;
• Stopped “responsible” employers from being held liable for workplace accidents and injuries that are “totally outside of their control”; and
• Simplified mandatory reporting of workplace injuries.

The words in quotation marks are questionable. Who decides which businesses are “low risk”? Why would health and safety inspections by “unnecessary” in their cases? How do we know an employer is “responsible”, and why – after being labelled as such – should we believe they would not lie about whether an incident was “totally outside of their control”?

The possibilities for corruption are huge, now that the “brake” has come off.

Fortunately, it is possible to measure – very roughly – the effect of these measures; you simply look at the number of people applying for incapacity benefits.

These are people who are unable to work because of illness or injury. Counting them is not a perfect way of measuring the government’s success in cutting red tape while safeguarding employees’ health, because factors other than the workplace may be relevant in a number of cases. However, these should be seen as a minority only.

We know that, in May 2010, before the Coalition government came into office and started stripping away this “unnecessary” red tape, 28,300 ESA claims were awaiting assessment.

From the same source, we know that the number currently awaiting assessment is “just over” 700,000.

700,000!

Mr Fallon wants you to believe that none of these claims relate to his red tape cuts but the increase is simply too large to be discounted.

The lowest possible assessment rate of ESA (the amount they receive before their claim has been assessed) is £51.85 per week. Even if all claimants were receiving this, that’s a cost of £36,295,000 to the government, per week. The taxpayer pays that bill.

Over a year, it adds up to £13,247,675,000.

That’s at the assessment rate. Now, some of these may be knocked off-benefit after assessment – but this process, itself, costs money. It costs £311 per claim, according to the most recent official source available to this blog at the time of writing. Clearing the backlog would therefore cost £217,700,000.

This means the cost of assessing the 700,000 claims that have mounted up during the years of Conservative-led, red-tape-cutting Coalition government totals a vertiginous £13,465,375,000.

That’s almost nine times as much as Fallon thinks is being saved – spent on ESA assessments alone!

What a waste of taxpayers’ money.

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Esther McVey is a compulsive liar who should be kicked out of government

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bank, bedroom tax, benefit, Bob Kerslake, business case, change, child, Coalition, compulsive, Conservative, crash, Credit Crunch, cumulative, debt, Department, DWP, employment, esther mcvey, final solution, financial crisis, food bank, government, health, Hester, Iain Duncan Smith, IDS, impact assessment, independent review, liar, lie, loophole, mark hoban, McVile, Mike Sivier, mikesivier, mislead, misled, Pensions, people, politics, poverty, Rachel Reeves, recommendation, Reform, Return To Unit, RTU, sick, social security, Stephanie Bottrill, Tories, Tory, unemployment, Universal Credit, Vox Political, welfare, Wikipedia, work, work capability assessment, zero hours contract

Evil eyes: Esther McVey seems to get a perverse thrill from pretending her government’s policies are helping people; it is more likely they are driving the needy to despair and suicide.

Note to Iain Duncan Smith: It is not a good idea to try to inspire confidence in a £multi-billion “money pit” disaster by wheeling out Esther McVey to lie about it.

The woman dubbed “Fester McVile” by some commentators has accumulated a reputation so bad that the only way she can hide the metaphorical stink from the public is by associating with …Smith himself, in whose stench she seems almost fragrant. But not quite.

This is a woman who has lied to the public that it is impossible to carry out a cumulative assessment of the impact on the sick and disabled of the Coalition’s ‘final solution’ changes to the benefit system.

This is the woman who, in the face of public unrest about the prevalence of zero-hours contracts, announced that Job Centre advisors will now be able to force the unemployed into taking this exploitative work.

She has previously misled Parliament over the loophole in Bedroom Tax legislation that meant the government had removed Housing Benefit from thousands of people who were exempt from the measure – including Stephanie Bottrill, whose suicide has been attributed to the pressure of having to survive on less because of the tax. Asked how many people had been affected by the loophole, McVey played it down by claiming she did not know the answer, while other ministers suggested between 3,000 and 5,000. In fact, from Freedom of Information requests to which just one-third of councils responded, 16,000 cases were revealed.

Mark Hoban stood in for McVey to trot out the lie that independent reviews of the Work Capability Assessment had identified areas of improvement on which the government was acting. In fact, out of 25 recommendations in the Year One review alone, almost two-thirds were not fully and successfully implemented.

In a debate on food banks, McVey’s lies came thick and fast: She accused the previous Labour government of a “whirl of living beyond our means” that “had to come to a stop” without ever pausing to admit that it was Tory-voting bankers who had been living beyond their means, who caused the crash, and who are still living beyond their means today, because her corporatist (thank you, Zac Goldsmith) Conservative government has protected them.

She accused Labour of trying to keep food banks as “its little secret”, forcing Labour’s Jim Cunningham to remind us all that food banks were set up by churches to help refugees who were waiting for their asylum status to be confirmed – not as a support system for British citizens, as they have become under the Coalition’s failed regime.

She said the Coalition government was brought in to “solve the mess that Labour got us in”, which is not true – it was born from a backroom deal between two of the most unscrupulous party leaders of recent times, in order to ensure they and their friends could get their noses into the money trough (oh yes, there’s plenty of money around – but this government is keeping it away from you).

She said the Coalition had got more people into work than ever before – without commenting on the fact that the jobs are part-time, zero-hours, self-employed contracts that benefit the employers but exploit the workers and in fact propel them towards poverty.

She lied to Parliament, claiming that children are three times more likely to be in poverty if they are in a workless household. In fact, according to the Joseph Rowntree Foundation, in-work poverty has now outstripped that suffered by those in workless and retired households; children are more likely to be in poverty if their parents have jobs.

She attacked Labour for allowing five million people to be on out-of-work benefits, with two million children in workless households – but under her government the number of households suffering in-work poverty has risen to eight million (by 2008 standards), while workless or retired households in poverty have risen to total 6.3 million.

She claimed that 60,000 people were likely to use a food bank this year – but Labour’s Paul Murphy pointed out that 60,000 people will use food banks this year in Wales alone. The actual figure for the whole of the UK is 500,000.

She said the Coalition’s tax cuts had given people an extra £700 per year, without recognising that the real-terms drop in wages and rise in the cost of living means people will be £1,600 a year worse-off when the next general election takes place, tax cuts included. She said stopping fuel price increases meant families were £300 better-off, which is nonsense. Families cannot become better off because something has not happened; it’s like saying I’m better off because the roof of my house hasn’t fallen in and squashed me.

Her talents won exactly the recognition they deserved when her Wikipedia entry was altered to describe her as “the Assistant Grim Reaper for Disabled People since 2012, second only to Iain Duncan Smith. She was previously a television presenter and businesswoman before deciding to branch out into professional lying and helping disabled people into the grave.”

In her food bank speech, she also said the government had brought in Universal Credit to ensure that three million people become better-off. There’s just one problem with that system – it doesn’t work.

This brings us back to the current issue. Last month, in a written answer to Labour’s Rachel Reeves, McVey claimed that – and let’s have a direct quote so there can be no doubt that these were her words: “The Chief Secretary to the Treasury has approved the [Universal Credit] Strategic Outline Business Case.” That would mean the Treasury was willing to continue funding the disaster.

In fact, civil service boss Bob Kerslake admitted yesterday that the Treasury has not signed off the scheme, which the Major Projects Authority classifies as being at serious risk of failure.

Even for a minister in the Coalition government, this woman has lied far too often. She is a danger to the national interest.

So come on, Cameron.

We know you’re a liar but you refuse to go.

We know …Smith is a liar but you refuse to sack him.

Here’s Esther McVey. Her lies have made her utterly worthless to you. She is a liability.

Kick her in the backbenches.

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More smears from the Mail against UN official who is trying to help the poor

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Adolf Hitler, bedroom tax, benefit, benefit cap, big lie, Brazil, breach, Coalition, Conservative, Council of Europe, Council Tax Benefit, Cultural Rights, cut, Daily Mail, Democrat, Department, DWP, economic, extreme poverty, genocidal, genocide, homicidal, homicide, housing, housing benefit, human rights, Iain Duncan Smith, international covenant, Lib Dem, Liberal, Maria Magdalena Sepulveda Carmona, Mike Sivier, mikesivier, obligation, Olivier De Schutter, Pensions, policies, policy, poor, Raquel Rolnik, right to food, shanty town, social, social security, special rapporteur, Tories, Tory, treaty, UK, un, united nations, Vox Political, welfare, work, World Cup

The victim: Raquel Rolnik, the United Nations’ expert Special Rapporteur on Housing is once again the victim of a baseless Daily Mail smear piece.

Yet again, the Daily Heil has been using the tactics of its best friend Adolf Hitler – the ‘Big Lie’ – to attack a United Nations official whose job is to point out that Coalition government policies are harming the innocent poor.

The Flail‘s tone was Nurembergian – and almost entirely fact-free – as it denounced ‘Brazil Nut’ Raquel Rolnik for imaginary crimes against Iain Duncan Smith’s benefit cuts – the homicidal, if not genocidal, measures that are driving hundreds of thousands of people into destitution and despair.

You see, the Fail is fine with destitution and despair for the poor – its readers are all rich middle- or upper-class housewives who pass their days spending their husbands’ vast fortunes (this is not entirely true, but is exactly the sort of generalisation you can expect from that paper. If you are a Mail reader, it isn’t such fun when you’re the victim, is it?) and gossiping.

The news story is that a group of United Nations poverty ambassadors has written a 22-page letter pointing out that cuts to social security benefits introduced by Iain Duncan Smith and enforced by his Department for Work and Pensions on behalf of the Coalition government may constitute a breach of the UK’s international treaty obligations to the poor.

The letter is new but its factual information is not, having been confirmed by the Council of Europe.

The letter states: “The package of austerity measures enacted could amount to retrogressive measures prohibited under the International Covenant on Economic, Social and Cultural Rights, ratified in 1974.”

Among the benefit changes it highlights are alterations to housing benefit, council tax benefit, working age benefits and the bedroom tax and the benefits cap – which everybody agrees would be a good idea if it had been limited to a reasonable amount, rather than one at which the Conservative-led Coalition could throw people into hardship.

The Mail‘s report pays little attention to the facts, lavishing far more space on Mrs Rolnik herself. It said she had been nicknamed the ‘Brazil Nut’, which she had – by the Daily Mail; and went on to attempt to cast doubt on her authority as special rapporteur on housing and those of fellow UN ambassadors Maria Magdalena Sepulveda Carmona, special rapporteur on extreme poverty; and Olivier De Schutter, the special rapporteur on the right to food.

These are experts in their field who have been engaged by the United Nations – a higher-ranking legal authority than the UK – to investigate government policies, but that’s not good enough for the Mail.

It prefers to get its opinions from tupenny-ha’penny Tory thinktanks.

So it casts doubt. The letter is from ‘ambassadors’ and follows an ‘investigation’, according to the Mail, because putting those words in that way casts doubt upon their validity.

Mrs Rolnik was brought up as a Marxist, the Mail states – as if that has anything to do with her findings. And the report claims she should leave the UK alone and concentrate on problems in her own country, where millions of people live in shanty towns – even though the writer, ‘Jason Groves’, should know perfectly well that her job involves just that.

He clearly doesn’t want you to see her comments on housing in Brazil, prior to the football World Cup which is being held there at the moment: “We expected that the champion of many football cups would use this opportunity to show the world it is also a champion of the right to housing, in particular for people living in poverty, but the information I have received shows otherwise.”

She had received allegations of evictions without due process or in breach of international human rights standards, cases in which residents and citizens had not been consulted and were barred from to participation in decisions that had a grave impact on their standard of living. Concerns had also been expressed about very low compensation that might lead to the creation of new “informal settlements” (shanty towns) with inadequate living conditions or greater rates of homelessness.

“Authorities should avoid at all costs any negative impacts on then human rights of the individuals and communities, especially the most vulnerable… [and] should ensure that their actions, and those of third parties involved in the organization of the events, contribute to the creation of a stable housing market and have a long term positive impact in the residents of the cities where events take place.”

So critics who think she has ignored issues in her home country are wrong.

That’s a bit of a blow to the Mail‘s credibility, isn’t it?

The measures criticised by Mrs Rolnik and her colleagues were brought in “to tackle the huge budget deficit left by Labour”, according to the Mail. Again, this is wrong. The Coalition government has made no real effort to tackle the budget deficit which was necessitated when Labour saved our banking system, the threat having been created by Tory-supporting bankers whose greed put their firms into overwhelming debt. Look at the annual deficit for the last financial year; it is still well above £100 billion. If you agree that the cuts were to bring the deficit down, you have swallowed a lie.

Iain Duncan Smith, the man this blog describes as ‘RTU’ (standing for ‘Returned To Unit’ in tribute to his failed Army career) is reportedly furious at this intervention from the United Nations, which has a duty to intervene if governments of member countries descend into criminality, as has happened with the UK (here’s just one example).

Vox Political has reported extensively on this matter and his arguments carry about as much weight as his retrospective Jobseekers (Back to Work Schemes) Act. Take a look at Mrs Rolnik’s report on housing in the UK and the research that supported what she said and then ask yourself if Mr …Smith has got a leg to stand on.

According to the Mail, he said: “They talk down our country, criticising the action we’ve taken to get control of the public finances and create a fairer more prosperous Britain. They simply do not have a clue – and we will not be taking lessons from a group of unelected commentators who can’t get their facts straight.”

“Unelected” and “Can’t get their facts straight” are both criticisms that could be applied with more accuracy to Mr …Smith and his government.

In fact.

Additional: Here’s some more information about Iain Duncan Smith playing fast and loose with statistics, just in today.

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High Court throws out Duncan Smith’s “flawed and tawdry” retrospective workfare law

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allowance, appeal, benefit, Cait Reilly, compensation, Court of Appeal, criminal, Department, Disability Living Allowance, dismiss, DLA, DWP, employment, ESA, european convention, government, High Court, human rights, Iain Duncan Smith, IB, illegal, Incapacity, Jobseeker's Allowance, Jobseekers (Back to Work Schemes) Act 2013, judicial review, loophole, Mandatory Work Activity, national interest, Pensions, Personal Independence Payment, PIP, Poundland, retroactive, retrospective, sanction, support, Supreme Court, trial, Vox Political, work, Work Programme, Workfare

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Iain Duncan Smith took an metaphorical slap in the face from the High Court today when Mrs Justice Lang said his retroactive law to refuse docked payments to jobseekers was not legal.

The Jobseekers (Back to Work Schemes) Act 2013 was rushed onto the statute books after the DWP discovered the rules under which it had docked Jobseekers’ Allowance from 228,000 people, who had refused to take part in Workfare schemes, were illegal.

The ruling does not mean that everyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

But anyone who appealed against a benefit sanction on the basis of the previous decision will be entitled to win their appeals and be repaid the withheld benefits – as Vox Political advised at the time. That payout could be as high as £130 million.

The judge said retrospective application of the 2013 law conflicted with the European Convention on Human Rights and “interfered with the right to a fair trial” of all those affected.

(This is, of course, one reason why the government wants to repeal the Human Rights Act – your human rights obstruct ministers’ ability to abuse you.)

This is the latest twist in a legal challenge brought by Cait Reilly, a graduate who fell foul of the scheme, in 2012. She demanded a judicial review on the grounds that being forced to give up voluntary work in a museum (she wanted to be a museum curator) to stack shelves in Poundland breached her human rights.

Poundland no longer takes part in mandatory work activity schemes run by the UK government.

Her challenge succeeded when the Court of Appeal ruled that she had not been properly notified about the scheme. This meant that the government was guilty of criminal acts in removing benefit from Ms Reilly and hundreds of thousands of others.

In response, the Coalition passed an Act that retrospectively legalised its actions – but claimants argued that this was unfair and demanded their compensation.

In the meantime, Iain Duncan Smith’s own appeal was heard – and dismissed – by the Supreme Court.

And after the Act was passed, it became clear that the Coalition had known since 2011 that the policies it was enforcing do more harm than good and are not in the national interest.

Mrs Justice Lang said today (July 4) that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary committees had led to “misconceptions about the legal justification for the retrospective legislation”.

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants” which was “not explained or justified” by the government in Parliament “at the time”.

Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole”, that the 2013 Act sought to give effect to Parliament’s ‘original intention’ or that repayments to benefits claimants would be “an undeserved windfall”.

She also recognised that it would be “unjust to categorise the claimants in the Cait Reilly case as claimants “who have not engaged with attempts made by the state to return them to work”, as asserted by the Department for Work and Pensions.

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free,” said solicitor Phil Shiner of Public Interest Lawyers, who appeared for the unemployed.

“Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law. [bolding mine]

“I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

So there it is, in black and white. Iain Duncan Smith has made the Coalition government a criminal organisation, guilty of 228,000 human rights violations.

This is a serious matter; some of these people may have been put in serious financial hardship as a result of the Coalition’s actions. One hopes very much that nobody died but if they did, those fatalities should be added to the many thousands who have passed away as a result of Iain Duncan Smith’s homicidal regime for claimants of incapacity benefits.

Let us not forget, also, that we remain at the mercy of these tyrants. Iain Duncan Smith has announced he intends to waste yet more taxpayers’ money on another appeal. In the meantime, a DWP spokeswoman said the legislation remained “in force” and the government would not be compensating anyone pending the outcome of its appeal.

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Public money is being thrown away on government-contracted scroungers

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A4E, accountancy, accountant, allowance, avoid, backbencher, bedroom tax, benefit, Big Four, business, cap, Coalition, company, Conservative, contract, council tax, Deloitte, Department, DWP, employment, Ernst & Young, ESA, EU, european union, feckless, firm, food bank, foreign, G4S, government, idle, immigrant, immigration, in-work, incentive, Ingeus, KPMG, lazy, lie, Maximus, Mike Sivier, mikesivier, minister, mislead, parasite, payout, Pensions, people, politics, PricewaterhouseCoopers, private, provider, reassessment, sanction, scrounger, skiver, social security, support, tax, taxpayer, Tories, Tory, Treasury, unemployment, unum, uprating cap, Vox Political, welfare, welfare to work, work, Work Programme, work-related activity, Workfare, Working Links, zero hours contract

It turns out that some people really do get to lie around all day, doing nothing apart from watching the money rolling in.

Bloody scroungers.

I’m sorry to swear – and you know I’m not usually rude – but these Work Programme provider companies really get my goat.

The revelation that companies such as Ingeus, A4e and Working Links were getting undeserved ‘incentive’ money (see also the BBC’s article), rather than being paid by results as has been claimed loudly and repeatedly by Tory ministers and backbenchers, is nothing new to Vox Political – we first pointed out the problem in November 2012, more than 18 months ago.

You see, not only has this been going on ever since the Coalition government established welfare-to-work in its current form –

Not only have government ministers and backbenchers been lying to you about the payouts given to the profit-driven privately-owned provider companies –

Not only have these companies been sucking down on your hard-earned taxpayer cash as though they had done something to earn it –

But the people they were supposed to be helping – people who have been forced into ever-greater poverty by the benefit uprating cap, arbitrary and unfair benefit sanctions, the bedroom tax, the £26,000 cap on benefits for families, the imposition of council tax on even the poorest households (in England at least), the stress of continual reassessment (if they are ESA claimants in the work-related activity group), the humiliation of having to visit food banks and who knows what else…

The people who are desperate to get any kind of paying job, despite the fact that zero-hours contracts could make them worse-off than unemployment, due to the effect on in-work benefits, despite the fact that those in-work benefits are also being squeezed hard, and despite the fact that there are at least five jobseekers for every job that becomes available…

These are the people that government ministers, backbenchers and the right-wing press keep victimising with their endless attacks on “skivers”, “scroungers”, the “feckless”, the “idle” and the “lazy”!

If I was unemployed and my MP had been caught slagging me off while praising these good-for-nothing so-called work programme ‘providers’, I would make it my business to bring them before the public, lock them into some medieval stocks and pelt them with rotten vegetables. Public humiliation is the least they should get for this continual insult to common decency.

But wait! There’s more.

It turns out that, not only are these work programme providers a bunch of lazy good-for-nothing parasites, but many of them are also a bunch of foreigners who’ve come to the UK to take our jobs!

Ingeus is Australian. G4S is part-Danish. Maximus is American.

It seems that all the politically-fuelled and media-driven anger against immigration into the UK from the rest of the European Union and beyond may be designed to distract us all from the fact that foreign firms are immigrating here to take government jobs that should be yours, and to steal your tax money.

Nobody can say they’ve earned it, after all.

But let us not be unfair. It would be wrong to concentrate on welfare-to-work providers when all of government is riddled with foreign interlopers.

Look at the Treasury, where the ‘Big Four’ accountancy firms have been re-writing tax law to suit their tax-avoiding corporate clients for the last few years. They are Deloitte (American), PriceWaterhouseCoopers (part-American), Ernst & Young (part-American) and KPMG (Dutch).

And then there is the huge, criminal, foreign firm that has been advising the Department for Work and Pensions on ways to privatise the welfare state since the mid-1990s – a firm so controversial that there is currently a moratorium on the mention of its name in the national mainstream media. It is an American insurance giant called Unum.

The best that can be said of these five corporations is that – at least to the best of our knowledge – they do work for a living.

… In their own interest – not yours.

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Vigil to support judicial review for ESA claimants with mental health issues

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allowance, appeal, benefit, Department, Disabled People Against Cuts, DPAC, DWP, employment, Equalities Act, ESA, health, judicial review, Justice, mental health, Mental Health Resistance Network, MHRN, Mike Sivier, mikesivier, Pensions, people, reasonable adjustment, Royal Courts, sick, social security, support, The Strand, vigil, Vox Political, WCA, welfare, work, work capability assessment

Vigil: This was taken when the case was appealed in October 2013.

Does anybody fancy helping create a stir outside the Royal Courts of Justice next week? Don’t worry, you shouldn’t get arrested.

The courts will be the venue for the judicial review of government policy regarding claimants of Employment and Support Allowance who have mental health issues, from July 7-9. That’s between Monday and Wednesday next week.

On Tuesday (July 8), the Mental Health Resistance Network, supported by Disabled People Against Cuts, will be holding a vigil at the front entrance of the Royal Courts of Justice building on The Strand, between midday and 2pm.

The aim is to highlight the important issues around the case.

This should help: Buses 4,11,15,23,26,76,172 and 341 all stop at the front of the Royal Courts of Justice, 171, 188, 243, 521 and X68 stop at Kingsway and Aldwych Junction nearby. The nearest underground station is Temple (District Line), Holborn (Central and Piccadilly Line) and Chancery Lane, (Central Line).

Anyone with stories of how you have been affected by the Work Capability Assessment is invited to come and share them – and support the fight for justice.

So how about it?

DPAC’s website has this to say about the judicial review: “Two people who claim benefits on mental health grounds initiated a judicial review of the Work Capability Assessment (WCA), supported by the Mental Health Resistance Network (MHRN). In May 2013, the judges presiding over the case ruled that the WCA places mental health claimants at a “substantial disadvantage” and that the DWP should make “reasonable adjustments” to alleviate this.

“Often mental health claimants struggle to provide further medical evidence to support their claim for Employment Support Allowance (ESA) and may not be able to accurately self report how their mental health conditions affect them, either when completing forms or at face to face assessments. Many claimants are wrongly found fit for work and subjected to the stress of appealing the decision.

“The claimants who brought the case, DM and MM, asked the court to rule that the DWP should be responsible for obtaining further medical evidence at every stage of the process to improve the chances of a more accurate decision being reached about whether a person is able to work or to start preparing for work and to avoid the need for a face to face assessment in cases where this would be especially distressing for the claimant. In addition, claimants who are at risk of suicide or self harm would be more likely to be identified. In such cases, regulations 29/35 would apply. These regulations are intended to reduce risk of harm but the DWP often fail to identify who they apply to.

“The Department for Work and Pensions appealed the judgement. Their appeal arguments were mainly concerned with legal technicalities but in December 2013 the judges issued a ruling that upheld the original judgement in May. The DWP did not launch a second appeal.

“Under the Equalities Act of 2010, the Secretary of State for Work and Pensions is required to make ‘reasonable adjustments’ to mitigate any disadvantages experienced by disabled people. The forthcoming hearing will be concerned with establishing what adjustments the DWP should make to the WCA process. We already know from the original hearing that they plan to run a pilot study to assess the “reasonableness” of obtaining further medical evidence. We want to ensure that any study will be fair, honest and approached with an open mind. Unfortunately we find it hard to trust that this will happen.

“In his witness statement of July 2013 Dr Gunnyeon, Chief Medical Advisor and Director for Health and Well-Being at the DWP wrote, ‘ESA was designed to be a different benefit from Incapacity Benefit (IB), being a functional assessment rather than a diagnostic one. The face-to-face assessment is a key part of this process as the only truly independent part of the process. Moving away from this would, I believe, be a retrograde step which would seriously undermine the way in which the assessment process has been conceived and designed. It would represent a return to the position in Incapacity Benefit (IB), where claimants were “written off” on the basis of their diagnosis’.

“Most people would be amazed to learn that the DWP are fighting tooth and nail against having to consider a person’s actual problems when assessing them for benefits.”

For those who cannot attend the vigil, it is still possible show your support on Facebook and Twitter, using the hashtag #wcamentalhealth

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Educating Dr Litchfield – a few facts about the Work Capability Assessment

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allowance, benefit, benefits, committee, death, die, disability, disabled, Dr, employment, ESA, fatality, health, House of Commons, Incapacity Benefit, letter, Malcolm Harrington, Mike Sivier, mikesivier, Mo Stewart, Paul Litchfield, Pensions, people, politics, Prof, sick, social security, support, unum, Vox Political, WCA, welfare, work, work capability assessment

Dr Paul Litchfield.

Ignorance is most definitely not bliss for Dr Paul Litchfield.

The man was hand-picked by the Coalition government to review its hated Work Capability Assessment system of handling Employment and Support Allowance claims, amid rumours that previous incumbent Professor Malcolm Harrington had been unhappy with political decisions that ran against his findings. But he delivered a woeful performance to the House of Commons’ Work and Pensions committee last month.

He claimed to have no information about the staggering number of people who have died after going through the assessment system he is being paid to review, totalling 10,600 between January and November 2011 – that’s 220 per week or three every four hours. “I don’t have any information of that type; I haven’t seen numbers on that. Clearly every case would be a tragedy,” he said.

Clearly this expert has yet to gain access to some very important information!

Fortunately, help is at hand.

In advance of the fifth and final review of the WCA, lead researcher and disabled veteran Mo Stewart has written to offer him the benefit of four years’ detailed research evidence.

“The lacklustre 4th review of the WCA left a great deal to be desired,” she told Vox Political. “Now, with the news that Litchfield worked with Unum Insurance on the Technical and Consultative Working Group involved with the creation of the WCA, it can’t be too much of a surprise that Litchfield claims that the WCA had been designed ‘…with considerable rigour’.”

Mo Stewart’s lengthy letter to Litchfield has been distributed to a long list of distinguished experts and professionals, and it will be interesting to see if Dr Litchfield takes the time to respond and to react to the detailed research evidence Mo exposed – evidence that has been frequently quoted during welfare debates in the House of Lords and the House of Commons over the past three years.

You can read her letter for yourself, because Mo has sent Vox Political a copy. Just click on the link here.

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Cumulative effect of welfare reform revealed – deprived areas hit much harder than the rich

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allowance, austerity, BBC, business, Centre, close, commission, communities, community, cost, cumulative impact assessment, David Cameron, demonstration, deprivation, deprived, disability, Disability Living Allowance, disability news service, disabled, DLA, DNS, economic, EHRC, employment, equalities, ESA, esther mcvey, financial loss, human rights, IB, Incapacity, Landman Economics, mark hoban, Mike Penning, National Institute, NIESR, Personal Independence Payment, PIP, Reform, Regional Economic, report, Revenue, rich, Sheffield Hallam University, shop, Social Research, social security, spending, support, tax, transparent, travel, viability, welfare

Deprived parts of Glasgow were worst-affected by ‘welfare reform’ according to The Courier [Image: thecourier.co.uk].

The headline should not come as a surprise – of course changes that cut benefits for the poor are going to harm them more than rich people.

But do you remember David Cameron’s claim that his government would be the most transparent ever?

Isn’t it interesting, then, that the independent Equalities and Human Rights Commission (EHRC) has found a way to compile information on the effects of tax, social security and other spending changes on disabled people, after the government repeatedly claimed it could not be done?

It seems Mr Cameron has something to hide, after all.

We already have a taste of what we can expect, courtesy of our friends in Scotland, who commissioned the Centre for Regional Economic and Social Research at Sheffield Hallam University to study the relationship between deprivation and financial loss caused by “welfare reform”.

The study shows that more than £1.6 billion a year will be removed from the Scottish economy, with the biggest losses based in changes to incapacity benefits. The Scottish average loss, per adult of working age, is £460 per year (compared with a British average of £470) but the hardest hit area was impoverished Glasgow Carlton, where adults lost an average of £880 per year.

In affluent St Andrews, the average hit was just £180 per year.

Of course, the cumulative effect will hit the poorest communities much harder – with an average of £460 being taken out of these communities it is not only households that will struggle to make ends meet; as families make cutbacks, local shops and businesses will lose revenue and viability. If they close, then residents will have to travel further for groceries and to find work, meaning extra travel costs will remove even more much-needed cash from their budget.

For a nationwide picture, the EHRC commissioned the National Institute of Economic and Social Research (NIESR) and the consultancy Landman Economics to develop a way of assessing the cumulative impact of “welfare reform”.

The report will be published in the summer, but Landman Economics has already told Disability News Service that the work was “not actually that difficult”.

Why, then have Mark Hoban, Esther McVey and Mike Penning, the current minister for the disabled, all claimed that a cumulative assessment is impossible?

Some might say they have a vested interest in keeping the public ignorant of the true devastation being wreaked on Britain’s most vulnerable people by Coalition austerity policies that will ultimately harm everybody except the very rich.

Some might say this is why the BBC – under the influence of a Conservative chairman – failed to report a mass demonstration against austerity by at least 50,000 people that started on its very doorstep.

Misguided conspiracy theorists, all!

Or are they?

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‘Mandatory reconsideration’ – more money-saving by sending the sick to their deaths

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adjournment debate, allowance, anecdotal, appeal, assessment rate, benefit, council tax reduction, death, Department, detritus, disability, disabled, DWP, employment, ESA, ex-Murdoch, food bank, government, health, high interest loan, housing benefit, Independent, IPSO, Jobseeker's Allowance, JSA, mandatory reconsideration, mark hoban, Mike Penning, Mike Sivier, mikesivier, minister, Pensions, people, politics, press regulator, Richard Caseby, Sheila Gilmore, sick, social security, spin machine, support, The Guardian, tribunal, Vox Political, welfare, Wonga.com, work, yellow press

National disgrace: The green benches were almost empty during yesterday’s debate on the DWP’s new ‘mandatory reconsideration’ regime – and the potential number of deaths it is causing.

It is hard to know where to start. Perhaps with DWP minister Mike Penning’s failure to answer the questions raised in yesterday’s adjournment debate on the ESA ‘mandatory reconsideration’ process, despite having prior notice of Sheila Gilmore’s entire presentation? Perhaps with the DWP’s failure to release accurate statistics, which is especially appalling as press officer Richard Caseby attacked a newspaper for inaccuracies very recently? Perhaps with the DWP’s continuing denial of the deaths caused by its increasingly-bizarre and unreasonable attempts to save money?

(Apparently they’re “anecdotal” so they don’t count. Does everybody recall when Iain Duncan Smith used similarly anecdotal evidence to support his claim that his benefit cap was “supporting” people into work, last year?)

The debate was brought to Parliament by Labour’s Sheila Gilmore who, in her own words, has been trying to get a succession of useless Conservative ministers to acknowledge the homicidal nature of their incapacity benefit “reforms” ever since she was elected. This was her sixth debate on the subject.

Yesterday’s debate was about the stress and poverty caused by the government’s decision to impose ‘mandatory reconsideration’ on ESA claimants who have been found fit for work and want to appeal against the decision. The benefit – originally paid at the ‘assessment’ rate – is cut off during the reconsideration period, meaning that claimants have no income whatsoever; housing benefit and council tax reduction claimants have their claims interrupted during this time.

People might be able to accommodate this if the reconsideration period lasted the maximum of two weeks that was implied when the new system was introduced, but it doesn’t take a maximum of two weeks.

The average length of time an ESA claimant – a person who is so seriously ill that he or she cannot work for a living, remember – has to wait for a decision after ‘mandatory reconsideration’ is seven to 10 weeks.

That puts a different complexion on matters.

Ms Gilmore called on Mr Penning to confirm the length of time claimants are being made to wait for a decision after ‘mandatory reconsideration’ – and asked when the DWP will publish statistics on average times and the total number of claimants who are waiting for a decision (rumoured to be 700,000 at this time).

She said the minister had defended a decision not to set a time limit on reconsiderations, despite concern from the Administrative Justice and Tribunals Council that the absence of such a limit could have the effect of “delaying indefinitely the exercise of the right of appeal to an independent tribunal”.

Oh yes – claimants can apply for Jobseekers’ Allowance in the meantime – but this has a high level of conditionality. They have to be available for work, actively seeking work, attending work-focused interviews, searching for jobs and making a minimum number of applications every week.

What these Conservative DWP ministers are saying is that sick people waiting for an ESA decision must undergo a process that is itself extremely stressful, can worsen existing physical or mental conditions, and can lead to them being sanctioned or refused benefit altogether for failing to meet the requirements of Job Centre Plus advisors (who are not, let’s be honest, the most sympathetic people in the country).

Most who have applied for JSA have been refused outright or failed to attend necessary appointments due to their various conditions; or they did not apply, either because they could not face the trial of another benefit application or because they did not know they could.

They were forced to turn to the food banks that the DWP has accused of “misleading and emotionally manipulative publicity-seeking” and “aggressively marketing their services”, rather than being vitally important now that the government has reneged on its responsibility to citizens.

Or they turned to high-interest loans – run, undoubtedly, by some of the Conservative Party’s most faithful donors – and amassed debts at such high interest rates that they would struggle to repay them, even after being provided backdated payments. “One constituent sold off his few remaining possessions to survive,” said Ms Gilmore.

The Tories have engineered a situation where people who are seriously ill can be found too fit for ESA and too sick or disabled for JSA.

Ms Gilmore said she had been told by previous minister Mark Hoban – last September – that claimants could request “flexible conditionality”, to ease these pressures – but the DWP’s benefits director acknowledged in April – seven months later – that “not all advisors had been aware of this”.

So claimants had been deprived of a right to extra help because DWP ministers had not provided accurate information to them or to employees.

Ms Gilmore said, “It is hard to have confidence in the Department, given that previous assurances were clearly unfounded,” and it is interesting that this should be revealed in the same week that the useless ex-Murdoch yellow-press spin-machine detritus DWP press officer Caseby (Dick to his… well, to everybody) claimed The Guardian should be blackballed from new press regulation authority IPSO for failing to print, you guessed it, accurate information from the DWP.

Ms Gilmore also pointed out the cost to the taxpayer of all this hustling of claimants between benefits: “There is also an administration cost involved in a claimant receiving the assessment rate of ESA, ceasing to receive it, claiming JSA and then potentially claiming the assessment rate of ESA again. These are significant costs when multiplied by the number of people involved. In addition, if everybody claimed JSA successfully, they would receive benefit at exactly the same rate as they would have been getting on ESA, so if there are any savings to be anticipated, is it because ministers thought that people would, in fact, struggle to claim JSA during the reconsideration process, given that administration costs are likely to outweigh anything else?

“I am sure that cannot be the case,” she added. Of course that’s exactly what ministers wanted.

Her point was as follows: Why not amend the law so that ESA claimants can continue to receive the benefit at the assessment rate during the reconsideration process? “The only way that could be more expensive for the Government would be if ministers expected sick and disabled people to go without any benefit — and I am sure that that cannot be the case,” she said, ramming home her previous point about benefit savings.

Reinstating assessment-rate ESA during ‘mandatory reconsideration’ would be simpler than setting a time limit and may be an incentive for the government to speed up the process, she added.

Finally, she called on Mr Penning to publish the number of successful reconsiderations, rather than lumping them in with original decisions so it is impossible to tell exactly what has happened. She said this was particularly important because the DWP has been celebrating a drop in the number of appeals.

Her claim was that it is premature to celebrate a drop in appeals – or to claim the DWP was making more correct decisions – when the number of successful applications for ‘mandatory reconsideration’ was not known and many cases may still be caught up in the process as part of the enormous backlog built up by the Department.

Mr Penning made no offer to reinstate assessment-rate ESA during the reconsideration period.

He made no offer to impose a time limit on reconsiderations.

He made no attempt to confirm the size of the ‘mandatory reconsideration’ backlog or the length of time taken to reach decisions.

His response was about as inhuman as he could make it, within the Chamber of the House of Commons:

“I would rather have slightly more delays than have decisions incorrectly taken and then turned over at tribunal.”

This is an admission that he would rather push sick people into unendurable poverty, debt, stress and possibly towards suicide than make his department do its job properly.

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If the DWP reckons it’s getting decisions right, why are people still suffering?

Tags

allowance, appeal, assessment rate, backdate, benefit, breast cancer, chemotherapy, Coalition, Conservative, Department, disabilities, disability, DWP, employment, ESA, flour, government, health, housing benefit, learning, mandatory reconsideration, Mike Sivier, mikesivier, paste, Pensions, people, politics, sick, social security, statistic, stress, support, time limit, Tories, Tory, tribunal, Vox Political, water, welfare, work

He knows he’s in trouble: Mike Penning, shortly after removing his foot from his mouth while talking about ‘mandatory reconsideration’.

The minister for disabled people, Mike Penning, seemed to think he had something to celebrate this week, after official figures showed the number of benefit decision appeals dropped by 79 per cent between January and March this year (compared with the same time in 2013).

He said it means the government’s new ‘mandatory reconsideration’ process is helping people to challenge wrong decisions earlier and helping target government support on those who need it most: “Getting more decisions right the first time avoids the need for protracted tribunal appeals… This new safeguard gives claimants the chance to raise their grievance promptly, provide further evidence and have their claim reassessed without the unnecessary stress of an appeal.”

How wonderful for him.

Does the man with learning disabilities who was living on a paste made of flour and water, after his benefits were suspended, feel the same way, one has to wonder?

How about the woman with breast cancer who was forced to stop chemotherapy – putting her life in danger, one must presume – because she was assessed as ineligible for benefits?

The fact is that ‘mandatory reconsideration’ was brought in to make it harder for benefit claimants like these to challenge a decision that they are capable of work.

If a claimant is unhappy with an adverse decision, they can demand a ‘mandatory reconsideration’ and it will be revisited, usually by a different decision-maker – but the Department for Work and Pensions will not pay even the ‘assessment rate’ of the benefit that has been claimed until a new decision has been reached, and there is no time limit within which the DWP must carry it out. Once a decision has been made, and if it is favourable, there is no guarantee that the benefit will be backdated to cover the whole period since the original claim.

If the claimant is still unhappy about the decision, they may then take it to appeal. This is unlikely as, by then, they will have been forced to live without any means of support for an extended period of time and other benefits such as Housing Benefit may have been denied to them because of the DWP’s adverse decision.

This is the whole point of the nasty game – cutting the number of appeals. When a benefit case goes to court it is both expensive and potentially embarrassing for the Department for Work and Pensions. Of course it is – when a judge tells a government representative that their decision has been irrational or needlessly cruel, it’s a slap in the face for both the decision maker and, ultimately, the government whose benefit ‘reforms’ made that decision possible.

‘Mandatory reconsideration’ was brought in at the end of October last year, and the figures for January to March are the first quarterly statistics to indicate its effect.

Mr Penning said: “This new safeguard gives claimants the chance to raise their grievance promptly, provide further evidence and have their claim reassessed without the unnecessary stress of an appeal.” Would this be “unnecessary stress” to DWP employees? Claimants now have even more “unnecessary stress” to handle.

It should also be noted that we can’t trust the government’s statistics on the number of appeals it has been handling.

A Freedom of Information request by the iLegal website has revealed that, between April 2012 and June 2013, the DWP received 406,070 ESA appeals – and officially recorded outcomes of only 12,800. What happened to the rest?

It seems Mr Penning has learned to speak with a forked tongue.

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