Tax credit debt collection is a double-edged attack on the poor

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There’s more than a little of the piscine about the fact that our Conservative-led has set debt collection agencies onto poor families who have been overpaid tax credit due to errors made by HM Revenue and Customs.

Firstly, the move undermines the principle behind the tax credit system – that it is there to ensure that poorly-paid families may still enjoy a reasonable living standard. Tax credits are paid on an estimate of a person’s – or family’s – income over a tax year and the last Labour government, knowing that small variances could cause problems for Britain’s poorest, set a wide buffer of £25,000 before households had to pay anything back.

By cutting this buffer back to £5,000, the Conservatives have turned this safety net into a trap. Suddenly the tiniest overpayment can push households into a debt spiral, because their low incomes mean it is impossible to pay back what the government has arbitrarily decided they now owe.

And the sharks are circling. Instead of collecting the debt on its own behalf, HMRC has sold it on to around a dozen debt collection agencies who are harassing the families involved with constant telephone calls, mobile phone messages and letters to their homes.

In total, HMRC made 215,144 referrals to debt collectors in 2013-14. Of the working families involved, 118,000 earned less than £5,000 per year.

This takes us to our second area of concern. Remember how the Department for Work and Pensions has been encouraging people – particularly the disabled – to declare themselves as self-employed in order to avoid the hassle and harassment that now go hand in hand with any benefit claim? You know – the refusal of benefits based on arbitrary ‘descriptors’ that were originally devised by a criminal insurance company as a means to minimise payouts, and the constant threat of sanctions that would cut off access to benefits for up to three years unless claimants manage to clear increasingly difficult obstacles.

And do you remember how the DWP reported earlier this year that more than 3,000 people who were subjected to the government’s benefit cap have now found work? This blog suggested at the time that many of them may have been encouraged to declare themselves self-employed in order to escape the hardship that the cap would cause them.

Both of these circumstances are likely to lead to a verdict of overpayment by HMRC, as the self-employment reported by these people is likely to be fictional, or to provide less than required by the rules – either in terms of hours worked or income earned.

Suddenly their debt is sold to a collection agency and they are suffering government-sponsored harassment, alarm and distress (which is in fact illegal) far beyond anything they received from the DWP; debt collection agencies are not part of the government and, as Dame Anne Begg pointed out in the Independent article on this subject, “The tactics they use to collect the debt are not tactics a government should use.”

Maybe not. So why employ such tactics?

Let’s move on to our third, and final, worry. By setting sharks on the hundreds of thousands of minnows caught in the government’s trawler-net (that was formerly a safety net – and I apologise for the mixed metaphor), the Tory-led administration is creating a handy distraction from the huge, bloated, offshore-banking whales who donate heavily into Conservative Party funds and who are therefore never likely to be pursued for the billions of pounds in unpaid taxes that they owe.

The government has promised to clamp down on tax evasion and avoidance, but ministers would have to be out of their minds to attack the bankers and businesspeople who pay for their bread and butter.

George Osborne suffered huge – and entirely justified – derision last year when HMRC published a list of its top 10 tax dodgers, which revealed that public enemy number one was a hairdresser from Liverpool who had failed to pay a total of £17,000.

It seems likely that the Conservatives have decided that future announcements will involve the reclamation of far larger amounts, and from far more people…

Innocent people who were either cheated by Tory-instigated changes to the system or by Tory-instigated misleading benefit advice.

Meanwhile the guilty parties continue to go unhindered. Their only payouts will continue to be made to – who was it again?

Oh yes…

To the Conservative Party.

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Jobseekers told to do more to find (non-existent) work

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Esther McVile: The employment minister, who claims adamantly that changes to housing benefit do not constitute a ‘bedroom tax’, is pictured complaining about a so-called ‘tunnel tax’ in her own constituency in a blatant display of double standards.

WARNING: This article has been edited using the ‘Guide to DWP euphemisms’ published by Richard Hutton, and with inspiration from it.

New rules coming into force at the end of the month mean jobseekers will have to do more to find work – even though there are currently five of them for every job available – the Department for Work and Pensions has announced.

Simply ‘signing-on’ for benefits will be a thing of the past under the draconian and repressive new rules.

Employment Minister and double-standards queen Esther McVey has hailed the new rules as undermining the range of support available, which helps diminish aspects of the social security system so that it no longer protects anybody from being left impoverished – in this case by making sure people cannot start claiming Jobseeker’s Allowance (JSA) by just signing-on without first humbling themselves before the Tory-led government.

She said: “With the economy growing, unemployment falling and record numbers of people in work, now is the time to start expecting more of shirkers if they want to claim benefits. It’s only right that we should push people who are unemployed into such a depth of poverty that even ‘in-work’ poverty is a step-up.

“This is about taking support away from people and undermining the range of support available to them so they can hit rock bottom faster. In return, we will give people as much harassment as possible, to make them stop scrounging or face sanctions, because we know from employers that we have to break people’s spirit before they’ll work for a really low wage.”

To prepare for their first interview with a Jobcentre Plus adviser, people looking for work will be told they will not even be able to sign as unemployed until they have prepared a CV, set up an email address – even though they might not have a computer on which to use it – and registering with the government’s discredited jobs website Universal Jobmatch, which will expose them to identity thieves and exploiters looking for sex workers. This change will make it possible to exploit people as soon as they start their JSA claim.

People who don’t tow the line will receive more harassment from their Jobcentre Plus adviser – weekly rather than fortnightly – to ensure they can be cleared off the books via sanctions if it proves impossible to push them into poverty work.

All new JSA claimants will also now have a quarterly review with their adviser, who will try to find a reason to impose sanctions and get them off the books.

These new measures are being introduced as figures show the number of people claiming Jobseeker’s Allowance fell by over 363,000 on the year, the largest annual fall since 1998. This shows that the system of sanctions, putting people on Workfare to hide the fact that they are unemployed, and asking them to pretend that they are self-employed in order to fraudulently claim tax credits instead, is working.

The government is committed to sanctions and the vast majority of people are bullied off JSA quickly – more than 75 per cent of people end their claim within six months. Every working day Jobcentre Plus advisers shout at 98,000 interviews jobseekers and there are a range of ploys available to push them off the system. These include:

• Hiding them on the Work Programme
• Referring them for ‘training’ by companies that provide the minimum help available, take the money and run
• Putting people on pointless ‘work experience’ that won’t lead to a job but will clear them off the claimant count
• Fooling people with ‘incentives’ that mean nothing
• Getting people to pretend they are self-employed.

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Liars exposed! Why has nobody been sacked yet?

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bullies, bully, business, Chief, communications, Conservative, Craig Oliver, Daily Telegraph, damage, director, Downing Street, expenses, fraud, government, harass, incompetent, inquiry, joanna hindley, lean, legitimate, Leveson, liar, libel, lie, Maria Miller, Mike Sivier, mikesivier, people, politics, press, Prevent, regulation, reputation, Tories, Tory, Vox Political

Questions to answer: Maria Miller, the minister for evasion, cannot be expected to respond. She obstructed Parliament’s inquiry into her expenses claims and her eventual apology for her misdeeds lasted just 32 seconds.

This blog asked yesterday whether Downing Street communications chief Craig Oliver was a liar, an incompetent, or both after he denied that government officers threatened the Daily Telegraph with tougher press regulation if it published its investigation into Maria Miller’s expenses.

It turns out he was both.

The Telegraph has now published a recording of the conversation between reporter Holly Watt and Miller’s advisor Joanna Hindley, on which its allegations are based. There can be no doubt that the reporter did indeed have Leveson held over her (corruptly); there can be little doubt that this was done at the request of Miller; and there can be no doubt at all that Mr Oliver knew about it.

So – a liar. And incompetent, because he had obviously discounted the possibility that the Telegraph reporter might have recorded the exchange.

It appears that Mr Oliver still has his job, despite having become the second person to disgrace it out of only two appointed by David Cameron. We cannot comment on Joanna Hindley.

The bullying, possibly blackmailing fraudster Maria Miller – who also persecuted thousands of disabled people while she was minister for equalities, also remains part of the government.

This speaks volumes about the lack of judgement displayed by ‘comedy’ Prime Minister David Cameron.

The longer he delays removing his rotten minister, her rotten advisor and his rotten media chief, the more rotten he and his government will become – in the opinion of the public.

And for this Prime Minister, public opinion is everything.

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The Telegraph must stand firm against Downing Street bullies

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Self-satisfied: Downing street communications chief Craig Oliver. But does he have any reason to look so pleased with himself?

Is Downing Street director of communications Craig Oliver a liar, or incompetent? Or is he an incompetent liar?

These are the questions we should ask after he denied threatening the Daily Telegraph with tougher press regulation if it published details of its investigation into Maria Miller’s expenses.

The Telegraph reported that Miller’s parents were living in her taxpayer-funded south London second home, implying that she had fraudulently claimed expenses for it, in December 2012 – and immediately followed its report with another, alleging that government advisers tried to bully the paper out of running the story.

The Telegraph claimed that Miller’s special advisor, Joanna Hindley, told a reporter that the Editor of the Telegraph was involved in meetings with the Prime Minister and the Culture Secretary over implementing the recommendations made by Lord Justice Leveson, and that the reporter should discuss the issue with “people a little higher up your organisation”.

The report continued: “Miss Hindley immediately contacted the Telegraph’s head of public affairs to raise concerns about the story. The news group decided to delay publication in order to ensure the facts were correct.

“Having carried out further checks, the newspaper concluded that the story was accurate and decided to publish the article at the first opportunity, meaning it appeared on the day same-sex marriage was debated in the Commons.” The government then suggested that the Telegraph was using the story to “overshadow” the announcement.

“Miss Hindley also accused the Telegraph of harassing Mrs Miller’s father, John Lewis,” the story continued

“In fact, reporters had a brief conversation with Mr Lewis in order to establish how long he had lived with Mrs Miller. Over the course of the conversation, Mr Lewis said he enjoyed reading the Telegraph.”

These claims are clearly damaging to Miss Hindley’s reputation as she is shown to be threatening, on Miller’s behalf, to use government powers to clamp down on reports in the Telegraph, which would be an abuse of the system.

Today’s report on the BBC News website has former Telegraph editor Tony Gallagher claiming that Mr Oliver contacted him to “lean” on the newspaper and “prevent it going about its legitimate business”.

He said: “She has done the free press a great favour,” he said.

“Maria Miller provides a cast-iron example of why politicians should have no power over the press.”

Mr Oliver denied the claim that the Telegraph was threatened. But the question remains: If this is true, why did he not take appropriate action sooner?

If he is right in his claim, then the government could have sued the Telegraph for libelling not only Miss Hindley, but also Mr Oliver andMiller herself. Why didn’t he?

The Telegraph provided its own version of events immediately after they took place, but Mr Oliver has waited 16 months to offer us his side of the story. It’s too late now.

We can only conclude that he is either lying about what happened, incompetent in not having taken the appropriate action at the appropriate time, or an incompetent liar because – given then evidence available to us – it was those acting for the government who misbehaved.

And the bullying, possibly blackmailing fraudster is still in her job. Why?

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Private company given contract to harass the long-term sick

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A4E, advice, allowance, assessment, BBC, bullied, bully, Coalition, Conservative, costs, Democrat, Department, DWP, economic, economy, employer, employment, England, ESA, GP, harass, health, illness, Lib Dem, Liberal, long term, loss, Mike Sivier, mikesivier, money, non compulsory, output, Pensions, people, plan, politics, profit, Scotland, service, sick, support, Tories, Tory, Trades Union Congress, treatment, TUC, Universal Jobmatch, Vox Political, Wales, WCA, welfare to work, work, work capability assessment

The pretext: These are the figures showing the estimated amount of long-term illness in the UK per year. Remember that these figures have halved in the last decade.

The Department for Work and Pensions is setting up a new “service” offering “advice” to people who are off work with an illness for more than four weeks.

No reference is made to improving people’s health.

It should also be noted that sickness absence in the UK is among the lowest in Europe, and has halved over the past decade.

The announcement was made on the BBC News website shortly after midnight. Nothing has appeared on the Government’s own website so it seems the Corporation has gone back to being Westminster’s poodle again – breaking news for the government in order to give spin doctors time to assess the reaction and then write a press release that is more acceptable to the public.

The Health and Work Service will be a privately-run operation covering England, Wales and Scotland, offering “non-compulsory” medical assessments and “treatment plans”. This is reminiscent of the way Universal Jobmatch was introduced to jobseekers as a “non-compulsory” service – which many thousands of people have been bullied and harassed into joining.

The scheme will allow employers or GPs to refer employees for a “work-focused occupational health assessment”, according to the BBC report. So this means the employee has no say in whether to go on the scheme – it is down to bosses and doctors. You are invited to consider whether this represents another great step forward in the Conservative Party’s claims to be crusading for patient choice.

The story says workers will be allowed to refuse assessment or to follow any course of action that is recommended but, again, we have the example of Universal Jobmatch.

The “assessment” is meant to identify the issues preventing an employee from returning to work and draw up a plan for them, their GP and their employer, showing how that person can be “helped” back more quickly.

One is forced to question the efficacy of such a system, if faced with illnesses or diseases that must receive medical treatment.

You don’t talk someone better – the huge number of people who have died while going through the DWP’s Employment and Support Allowance sickness denial machine has proved that.

The government has made its aim in setting up the new scheme perfectly clear, saying employers will “save money” by having fewer staff off sick – possibly saving companies up to £70 million a year in reduced sickness pay and related costs.

The DWP says people will return to work earlier. This seems like a pie-in-the-sky aspiration, as illness does not go away in accordance with a timetable. This means the Department’s other claims – that there will be a reduction in lost working days and increased economic output – are also pipe dreams.

It is far more likely that sick people will be forced back to work before they are better – leading to an increased chance that illnesses will spread among workforces, there will be more lost working days and lowered economic output.

The Trades Union Congress, while supporting schemes that could help people back into work, agreed (with me) that this one creates a danger that people will be forced back to work before they are well.

Finally, any company involved in the scheme should be aware that it is unlikely to make a profit from it. Look at the effect on other firms of involvement with DWP schemes: Welfare-to-work provider A4e has reported a pre-tax loss of £11.5 million in the year to March 31, 2013 – up from a £2.1 million loss the year before. Turnover dropped from £194 million to £167 million.

So now we can say very clearly to all private companies:

Working for the Coalition government doesn’t pay.

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DWP calls in Rentadoc to harass the sick off-benefit

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Ingeus out of favour: This image was found on a site protesting against Workfare and demonstrates the high regard in which it is held by previous users of the Ingeus service.

Perhaps we’re jumping the gun with the headline but alarm bells tend to go off when you read that “people on sickness benefits will be required to have regular meetings with healthcare professionals to help them with their barriers to work”.

Everyone working on Employment and Support Allowance should already know what everyone receiving it knows – it’s more a bloodbath than a benefit.

This is down to the attitude of the healthcare professionals already working on it – the people who (and God forbid you should ever ask to see their qualifications) automatically sign 70 per cent of claimants as ‘fit for work’, whether they are or not, and tell most of the rest they need to be work-ready within a year.

The result? Mental breakdowns, depression and suicides; physical breakdowns, worsening of existing conditions, and premature deaths. By the thousand.

These are the people who ask claimants when amputated limbs are going to grow back, and who tell people with Parkinson’s disease and multiple sclerosis that they’ll be fit for work within six months.

If you did (God forbid) ask them where they got their qualifications, it was probably the Teaching Hospital of Noddyland.

“People on sickness benefits will be required to have regular meetings with healthcare professionals to help them address their barriers to work – or face losing their benefits [italics mine] – in a two-year pilot scheme in central England which begins in November,” the DWP press release states.

Isn’t this what happened with people on Jobseekers’ Allowance? Suddenly they had to start fulfilling lots of pointless extra requirements or their benefits would be withdrawn? Part of that is a regular meeting in which – as far as we can ascertain – innocent people are harassed, threatened and abused by DWP employees who are themselves, it seems, millimetres away from nervous exhaustion brought on by the pressures of the job.

Claiming benefits, it seems, is now an endurance test: Who cracks (up) first?

Now, for 3,000 people in the work-related activity group for ESA in the Black Country, Derbyshire, Leicestershire, Northamptonshire, Lincolnshire, Nottinghamshire, Rutland, Staffordshire and Shropshire, there’s no relief even if they have a nervous breakdown and have to claim ESA on mental health grounds.

“People involved in the pilot – who have all been assessed as being able to work at some point in the future – will have regular appointments with healthcare professionals as a condition of receiving their benefit, to focus on helping them move closer to being able to get a job.”

There you go – all judged as able to work in the future. Presumably Iain Duncan Smith has taken a look at their files, glanced into his crystal ball, and declared that he has a “belief” in their fitness to work. If any of these people are reading, please contact this blog if you have a progressive health condition that won’t ever improve.

Because the meeting is a condition of receiving benefit, anyone attending can expect to be treated abominably. This is not about helping you back to work, or even back to health; it’s about kicking you off-benefit and nothing further. The aim, as with JSA, is to cut claimant numbers and thereby cut spending.

“It’s really important we give people who are disabled or have a health condition the support they need to get into work if they are able,” said employment minister Esther McVey who knows nothing about this at all (despite having been minister for the disabled).

“Traditionally, this help has tended to be work-related, but this pilot will look at whether a more holistic approach is more successful in helping people to manage their conditions and so break down their barriers to work.”

The biggest barrier to a person with a disability getting work is the fact that the Conservative-led Coalition government has been closing down employment opportunities for them and removing incentives for employers to take them on.

The healthcare professionals will be provided by Ingeus UK – a welfare-to-work provider that has been involved in the Work Programme – you know, the time-wasting scheme in which jobseekers are taken off the unemployment statistics while they learn simple skills that, in fact, most of them already have.

The company’s website is very slick but contains no information about the number of doctors in its employ.

Oh, and guess what? The company is half-owned by Deloitte, one of the ‘Big Four’ accountancy firms that currently writes British tax law to make avoidance easy for the big corporates. How much tax has Ingeus paid lately?

“Everything we do is results driven”, the site declares.

One wonders what Ingeus will do when the casualties start piling up.

This benefits bully harasses the powerless but runs away from criticism

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allowance, annual report, Atos, benefit, benefit cap, benefits, bully, Coalition, committee, Commons, Conservative, court, coward, dead, death, Debbie Sayers, Department, Department for Work and Pensions, die, disability, Disability Living Allowance, disabled, DLA, DWP, employer, employment, Employment and Support Allowance, ESA, fabricate, false, fraud, Freedom of Information, George Osborne, government, Guardian, harass, health, HM Revenue and Customs, hmrc, Iain Duncan Smith, IDS, Information Commissioner, internet, intimidate, Ipsos Mori, Jayne Linney, Job Centre, John Major, law, liability, liar, Mandatory Work Activity, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, Polly Toynbee, Public Interest Lawyers, regulation, retrospective, returned to unit, RTU, ruling, sick, social security, staff, statistics, support, Tories, Tory, unemployment, Universal Credit, vexatious, Vox Political, welfare, work, Workfare

Several months ago this blog accused Iain Duncan Smith of being a liar and a coward because, not only had he fabricated statistics on the number of people leaving benefits because of his new benefit cap, but he had also weaseled his way out of an appearance before the Commons Work and Pensions Committee to account for this behaviour.

The very next day, we had to apologise (to readers) and publish a correction saying that the man we call ‘Returned To Unit’ would be attending a follow-up meeting in September, at which the 100,000-signature petition calling him to account for the benefit cap lies, organised by Jayne Linney and Debbie Sayers, would also be presented to MPs.

Apparently the meeting was being timed to coincide with publication of the DWP’s annual report for 2012-13.

Now it is November, and we have still had no meeting with RTU. Nor have we seen the annual report, which is now almost eight months late. Meanwhile the calamities at the DWP have been mounting up.

The latest appears in a Guardian report published yesterday, about the ongoing disaster that is Universal Credit. You may remember, Dear Reader, that the Department for Work and Pensions has admitted it had to write off £34 million that had been spent on the scheme; it subsequently emerged that the total amount to be written off might actually be as high as £161 million.

The Guardian article appears to confirm this, adding £120 million to the £34 already written off if the DWP follows one of two possible plans to take the nightmarish scheme forward.

This would restart Universal Credit from scratch, creating a system based on the Internet – and reducing the need for Job Centre staff – and tends to confirm the suggestion that staff are seen as a liability in the government’s plan to cut back on benefit payments; despite being told to bully, harass and intimidate everyone who darkens their doors, they have an annoying inclination to help people claim the benefits due to them.

The other plan would attempt to salvage the existing system, and is understood to be favoured by the Secretary-in-a-State. The drawback is that it could lead to an even greater waste of taxpayers’ money (not that this has ever been a consideration for Mr… Smith in the past. He’ll waste millions like water while depriving people of the pennies they need to survive).

Universal Credit aims to merge six major benefits and tax credits into one, restricting eligibility for the new benefit in order to cut down on payouts. It relies on the government creating a computer programme that can synchronise systems run by HM Revenue and Customs, the DWP itself, and employers. So far, this has proved impossible and a planned rollout in April was restricted to just one Job Centre, where staff handled only the simplest claims and worked them out on paper. Later revelations showed that the system as currently devised has no way of weeding out fraudulent claims.

A leaked risk assessment says the web-based scheme is “unproven… at this scale”, and that it would not be possible to roll out the new system “within the preferred timescale”. Smith has continually maintained that it will be delivered on time and on budget but, as concerns continue to be raised by senior civil servants that systems are not working as expected and there are too many design flaws, it seems likely this is a career-ending claim.

Is this why he hasn’t deigned to account for himself before the Work and Pensions Committee?

Earlier this week, the government lost its appeal against a court ruling that its regulations for Workfare and other mandatory work activity schemes were illegal. Public Interest Lawyers, who handled the case against the government, has taken the view that anyone who fell foul of the regulations may now take action to get their money back. But the matter is complicated by the fact that the government unwisely passed a retrospective law to legalise the rules, in a bid to stop the 228,000 benefit claimants it had sanctioned after they refused to work for their benefits from demanding the money that ministers had – in effect – stolen from them. Iain Duncan Smith is the man behind this mess.

Is this why he hasn’t deigned to account for himself before the committee?

We have yet to learn why this man felt justified in claiming 8,000 – and then 12,000 – people had left benefits because of the £26,000 cap he introduced in April (he claimed it is equal to average family income but in fact it is £5,000 and change short of that amount as he failed to consider benefits that such families could draw). Information from polling company Ipsos Mori showed that the real number of people who had dropped their claims after hearing of the scheme was more likely to be 450 – just nine per cent of the figure he originally quoted.

Is this why he hasn’t put a meeting with the committee in his diary?

Perhaps we should not be surprised, though – it seems that RTU has never had a decent grip on the way his department works. For example, he allowed George Osborne to cancel Disability Living Allowance for one-fifth of claimants in 2010, claiming that the benefit had been “spiralling” out of control because it had 3.1 million claimants – triple the number since it was introduced in 1992. Smith said the rise was “inexplicable” but in fact the explanation is simplicity itself, as The Guardian‘s Polly Toynbee pointed out just two days ago:

“DLA is only paid to those of working age, but when they retire they keep it, so as more people since 1992 move into retirement, numbers rise fast. There has been no change in numbers with physical conditions, despite a larger population; back injuries have declined with the decline of heavy industry. There has been a real growth in numbers with learning disabilities: more premature babies survive but with disabilities, while those with Down’s syndrome no longer die young. More people with mental illness claim DLA now, following changes in case law: there has been no increase in mental illness, with 7% of the population seriously ill enough to be receiving treatment, yet only 1% claim DLA. Psychosis is the commonest DLA diagnosis, hardly a trivial condition. This pattern of disability mirrors the rest of the Organisation for Economic Co-operation and Development countries, with nothing exceptional here.”

In other words, from the moment he took over this hugely important government department, with its huge – and controversial – budget, Iain Duncan Smith had about as much understanding of its workings as a child.

It seems Sir John Major was exactly right when he expressed fears about the DWP Secretary’s ability last week, claiming his genius “has not been proven”.

Is this why we’ve seen neither hide nor … head of the Secretary of State?

Finally, Dear Reader, you will be aware that Vox Political submitted a Freedom of Information request to the DWP, asking for up-to-date statistics on the number of Employment and Support Allowance claimants who have died during a claim or while appealing against a decision about a claim – and that the request was dismissed on the indefensible grounds that it was “vexatious”. This was not good enough so the matter went to the Information Commissioner’s office and, according to an email received this week, will soon be brought to a conclusion.

Is this why Iain Duncan Smith is hiding?

Perhaps it’s time to drag him out of his bolt-hole and force some answers out of him.

Jayne (Linney), in her blog, has called on people who use Twitter to start tweeting demands for Smith to come forward, using the hashtags #whereisIDS and #DWPLateReview. This is good, and those of you who do so are welcome to use any of the information in this article as ammunition in such a campaign.

There is nothing to stop anyone writing to the press – local or national – to ask what is going on and why benefit claimants are being left in suspense about the future of their claims. People have to work out how they will pay their bills, and the continued uncertainty caused by Mr… Smith’s catalogue of calamities is causing problems up and down the country.

A short message to your MP might help stir the Secretary of State out of his slumber, also.

In fact, let’s use all the tools at our disposal to expose this man for what he is – just as this blog stated in July and in May: A liar and a coward who has committed contempt of Parliament and should be expelled – not just from public office, but from public life altogether.

Follow me on Twitter: @MidWalesMike

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Information Commissioner to decide about DWP deaths

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allowance, Atos, benefit, benefits, cheat, Coalition, Conservative, cost, danger, dead, death, Department, Department for Work and Pensions, destitute, destitution, died, director, disability, disabled, disruption, distress, DPP, DWP, employment, Employment and Support Allowance, ESA, false claim, Fraud Act, Freedom of Information, gather, genuine, government, harass, harm, health, Iain Duncan Smith, IB, imprisonment, Incapacity Benefit, information, Information Commissioner, irritation, jail, Keir Starmer, Mike Sivier, mikesivier, Pensions, people, policies, policy, politics, prison, Prosecutions, public, request, sick, social cleansing, social security, squirm, support, Tories, Tory, unemployed, unemployment, vexatious, Vox Political, WCA, welfare, work, work capability assessment

The price we pay for a Conservative-led Department for Work and Pensions: While ministers stall demands for information, the death toll increases. [Image: Eric Hart]

This will be no surprise to anyone:

The Department for Work and Pensions has stuck to its boneheaded reason for refusing to say how many people have died because of its policies.

Readers may remember (it is now a long time ago!) that Vox Political submitted a Freedom of Information request to the Department, back in June, asking for details of the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012 – including deaths of those who had been thrown off-benefit altogether, if such information was held.

This request was refused on the specious grounds that it was “vexatious”. The DWP officer making the refusal cited as his reason, not any part of the request itself, but the last line of the blog entry about it, stating “I strongly urge you to do the same. There is strength in numbers”.

The DWP decision-maker used this to claim that the request “is designed to harass DWP in the belief that encouraging others to repeat a request which they know has already been raised will affect the outcome of that request” and stated very clearly that this was “the stated aim of the exercise”.

In other words, the Department decided to squirm out of its responsibility by making a false claim about something that was not even part of the request.

A demand for reconsideration was soon wending its way on electric wings to the DWP, pointing out a few home truths from the Information Commissioner’s guidance notes on “Dealing with vexatious requests”, refuting the position the Department had chosen to take.

The guidance states that a public authority must have reason to believe that several different requesters are “acting in concert as part of a campaign to disrupt the organisation”. In this instance, “acting in concert” does not cover a sentence at the end of a blog entry suggesting that people who feel the same way about an issue might like to do something about it. That is perverse.

The guidance also states that “it is important to bear in mind that sometimes a large number of individuals will independently ask for information on the same subject because an issue is of media or local interest”. Media interest must include mention in a blog that is read up to 100,000 times a month, and the DWP decision-maker had clearly failed to recognise that people can only take action on a issue when they know it exists and have been told there is something they can do!

The reconsideration demand also quotes examples of evidence an authority might cite in support of its case that a request is vexatious, such as whether other requesters have been copied in or mentioned in email correspondence – in other words, can it be proved that these co-conspirators are working together? Nobody involved with Vox Political knows of any other request made “in concert” with our own, and the direct question to the DWP, “Have you received such correspondence?” went unanswered. We must therefore assume they have not.

ICO guidance also states that a website must make an explicit reference to a campaign. Vox Political did not.

The only logical conclusion is that the request – and any others that followed it – were “genuinely directed at gathering information” – according to ICO guidance. In that circumstance, the only reason the DWP could legally use to refuse the request is that it would “cause a disproportionate and unjustified level of disruption, irritation or distress” – which it cannot prove as the information is available to it, and would only have to be collated once. After that, distribution to anyone requesting it would be easy, via email.

The response that arrived today was written by someone “of a senior grade to the person who dealt with your request previously” but who appears to be so ashamed of their own response that they have failed to legitimise it with their own name.

This person stated: “The guidance on vexatious requests encompasses a range of activities including requestors [sic] acting in concert to repeatedly request the same information. Thus I uphold the original decision.”

No information was provided to support this claim, therefore it is irrelevant and the DWP is in breach of the Freedom of Information Act.

The matter will now go to the Information Commissioner who will, in time, make mincemeat of the DWP arguments.

But it will take time.

This is what the Department wants, of course – time. Time to continue with its dangerous policies, which are deeply harmful to the unemployed, the sick and the disabled and have caused many, many thousands of deaths. It seems clear that ministers want this… ‘social cleansing’, you could call it… to continue for as long as possible and do as much harm as possible.

Curiously, the Director of Public Prosecutions may have just shot them in the foot.

The DPP, Keir Starmer QC, has declared that anyone found to be cheating on benefits in England and Wales could face longer jail terms of up to 10 years, after he issued guidance that they should be prosecuted under the Fraud Act rather than social security laws.

He clearly hasn’t considered the possible advantages of this for people who would otherwise face an uncertain future of destitution, worsening health and even imminent death if their benefits are refused. To them, a term in jail might seem like absolute luxury.

What greater incentive could there be for someone to lie extravagantly about their situation on a benefit form than the possibiity of losing everything, including their life, if they don’t get the money? If the alternatives were imprisonment or death, what do you think a person on the danger line would take?

This blog therefore predicts an increase in the UK prison intake due to benefit fraud.

And here’s the funny part: Mr Starmer said it was time for a “tough stance” because the cost of benefit fraud to the nation is £1.9 billion (he was wrong; in fact it’s only £1.2 billion, unless new figures have been released).

One year’s ESA costs the state around £5772, while a year’s imprisonment costs £37,163 – in other words, prison costs the taxpayer six times as much as the benefit. At that price, the DPP could imprison only 51,126 people before the cost of imprisoning them exceeds the cost of fraud – according to his own figures.

Of the 2.5 million people claiming ESA, the DWP is busy throwing 70 per cent off-benefit – that’s 1.7 million people who could justifiably be accused of benefit fraud and imprisoned. Total cost to the taxpayer: £63,177,100,000 per year.

Meanwhile, £12 billion in benefits goes unclaimed every year.

It seems this Conservative-led Coa-lamity of a government can’t even get its sums right.

Delays won’t stop Universal Credit’s ‘cultural change’ – to dishonesty, lies and threats

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Sinking Shiplee: Howard Shiplee is the man who has been hired to spread the DWP culture of dishonesty and maladministration across all the major British social security benefits.

You know a Tory policy is in serious trouble when the Daily Telegraph starts publishing articles criticising it.

Today, Universal Credit is on the Telegraph‘s naughty step – not for the first time! – with current ‘director general’ Howard Shiplee (my word, they love making up impressive names for themselves, don’t they?) admitting it has been “plagued by problems”, as the newspaper’s headline puts it.

These include:

• Technical problems in the merging of benefit office, HMRC and council IT systems
• Bureaucratic problems
• Scheduling problems as the scheme’s timetable has slipped further and further back
• Personnel problems, with Work and Pensions Secretary Iain Failure Smith claiming official let him down, forcing him to employ private sector experts to get the scheme back on track (but it still isn’t)
• Poor project management, including poor management of suppliers
• Lack of transparency, with too much attention focused on what was working and not enough on what wasn’t

The plan was to roll out Universal Credit for all new claimants from October onwards, but this has been scaled back to just six Job Centres. It began in a single Job Centre in April, where calculations have been worked out on paper.

Ministers say the final deadline, to introduce the system for all claimants by 2017, will be met – but it seems increasingly likely that – if Labour wins the 2015 election – the whole plan will be consigned to the political scrapyard where, in this writer’s opinion, it belongs.

But Mr Shiplee said he was working on introducing the “cultural” elements of the proposed scheme while awaiting the development of a new IT system, and you need to know what that means.

It means spreading the culture of dishonesty, that has been bred and nurtured in the DWP’s handling of ESA, to the five other benefits that are to be merged into UC.

They are: Income Support, income-based Jobseekers Allowance, tax credits (child and working), housing benefit and budgeting loans.

“This is about changing the way we do business – and changing people’s behaviour by ensuring there is always an incentive to be in work,” said Shiplee. Meaning: We will lie when assessing your claims; we will intentionally mishandle your claim to make it appear that you do not deserve benefit and we will maladminister any appeals; if you do receive benefit, we will harass you to take part in our silly made-up programmes when you could be doing better things; if we find a way to cut you off, or you give up in despair, we will claim that as a positive benefit outcome; and if you suffer hardship, destitution or health problems up to and including death as a result, we will not record them because we can claim it is nothing to do with us.

That is my experience of the DWP, based on Mrs Mike’s experience with ESA.

You’ll be aware that she currently has an appeal against being put into the work-related activity group, based on medical evidence and the expert opinion of a work programme provider. The current word from the DWP is that she must undergo another work capability assessment.

The reason given is that she has claimed her health has deteriorated since her original assessment in 2012 but this is nonsense.

Her appeal was made against the original decision – based on that 2012 assessment. Another WCA won’t have any bearing on that.

Instead, the matter should have gone to a tribunal, as the DWP’s own decision maker failed to make a decision when the case was considered, in April.

That hearing could have taken place by now; instead the DWP has sat on its thumbs and done nothing, waiting for the time-limited claim to come to an end in order to claim – yes – a ‘positive benefit outcome’.

There was no communication with the claimant and therefore there was no way for Mrs Mike to know what was happening until she discovered her benefit had been stopped, a couple of weeks ago.

Now imagine that situation magnified to include not only every ESA claimant, but the many millions of UK citizens who claim all the other main benefits. What do you think will happen when this “cultural” change is applied to them?

Chaos.

Do you claim any benefits? Do you know somebody who does?

If so, you’d better do something about it, before it’s too late.

Will the DWP do ANYTHING to avoid revealing the true extent of the Atos deaths?

Tags

activity, alarm, allowance, appeal, assessment, Atos, benefit, campaign, coverage, death, Department, disabled, disrupt, distress, DWP, employment, ESA, fit for work, FOI, freedom, harass, Iain Duncan Smith, IB, Incapacity, information, Information Commissioner, Jobseeker's Allowance, outrage, Pensions, press, public, public interest, public order act, related, Samuel Miller, sick, support, vexatious, work

Getting a little worried, George? According to a commenter on this blog, IDS is “not listening to anyone and will be carrying on until the bitter end”. So much for democracy, then.

The Department for Work and Pensions has turned down my Freedom of Information request on the number of people who have died while going through the Atos benefit assessment process, or shortly afterwards – claiming that I am harassing officials with a co-ordinated, web-based campaign to disrupt the organisation.

I know what you’re thinking. You’re thinking, “They’re having a laugh, aren’t they?”

Alas, no.

My request was for the department to provide the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012. Please break that figure down into the following categories:

• Those who are in the assessment phase
• Those who were found fit for work
• Those who were placed in the work-related activity group
• Those who were placed in the support group
• Those who have an appeal pending

I stated that I was aware that the DWP came under criticism last year because it did not follow up on the conditions of people who had been found fit for work and signed off the benefit, and said I hoped this had been rectified and follow-up checks carried out, so details of

• Former ESA/IB claimants who have died after being put onto Jobseekers’ Allowance, and
• Former ISA/IB claimants who were taken off benefit but put onto no other means of support, and the number of these who have died

could be provided.

Here’s the response. Read it and weep:

“Upon considering your request I consider it to be vexatious in nature and therefore under section 14(1) of the Freedom of Information Act the Department is under no duty to answer your request.

“To be a vexatious request the Information Commissioner’s guidance notes that we should consider, amongst other things:

• whether compliance would create a significant burden in terms of expense and distraction
• whether the request has the effect of harassing DWP or causing distress to staff.

“On your website where you share information about the request you have raised with other people, you have stated “I have therefore, today, sent a Freedom of Information request to the DWP … I strongly urge you to do the same. There is strength in numbers”. With this as the stated aim of the exercise I believe your request is designed to harass DWP in the belief that encouraging others to repeat a request which they know has already been raised will affect the outcome of that request.

“Compliance with multiple repetitions of a known request also causes a burden, both in terms of costs and diverting staff away from other work, due to the significant time required to administer these requests.

“The ICO also advises that if a public authority has reason to believe that several different requesters are acting in concert as part of a campaign to disrupt the organisation by virtue of the sheer weight of FOIA requests being submitted, then it may take this into account when determining whether any of those requests are vexatious.

“As your request is part of a website based campaign I consider that it meets the above criteria and therefore is vexatious in nature.”

Readers may remember I sent my request after a previous attempt by Samuel Miller had failed. His request did not succeed because he was a single individual the officials thought they could push around – now mine has failed because they say I’m acting mob-handed and they think I’m trying to push them around!

In other words, they’re trying to have it both ways.

If I recall correctly, they refused Mr Miller’s request on the spurious argument that the previous FOI request – for which he was requesting an update – was a one-off. This was clearly nonsense.

We all know that it is in the public interest to know how many people are dying as a result of government policy. The DWP certainly knows it because of the reaction the information received when it last became public knowledge – press coverage and public outrage. Therefore there is no justification for any argument that it has not monitored these figures. Any claim that it has not had reason to monitor deaths after people were thrown off the benefit may also be rejected because of the strong public reaction against the Department for failing to provide this information last year.

Now they are rejecting my request on the specious argument that I am harassing them by the strength of my numbers… My number being exactly one. I have not organised anybody else into doing anything; I merely suggested that if the DWP refuses to answer a lone voice, it may pay more attention if others make the same request.

I find it extremely interesting to note that DWP officials are monitoring my blog. I made no mention of it in my email to them. Some might find that sinister.

I take issue with the claim that “harassment” of the DWP is “the stated aim of the exercise”. The stated aim was for the DWP to release its figures on the number of people who have died, either while going through the assessment process for IB or ESA, or afterwards – as stated in the FOI request. The suggestion that others might wish to do likewise was clearly an afterthought.

I dispute the claim that compliance with multiple repetitions of a known request causes a burden in terms of costs and staff time. In the Internet age, only one response to a request needs to be written; it can then be sent to multiple recipients at no cost in money or time, as readers of my blog are aware after receiving identical messages in response to correspondence they have sent on other matters. In any case, this is beside the point as the comment about compliance with multiple requests is irrelevant. I had no reason to expect that anyone would follow my lead when I put in my own request – it was a single request for information and any suggestion that it was part of an orchestrated campaign of harassment is paranoid hysteria.

Furthermore, it distracts from the fact that there was no reason to refuse the original request by Mr Miller. If the DWP had simply answered his questions, there would have been no reason for my request or any of the many others the department seems to be claiming it has received (for which I have no proof other than the vague implication that this is the case).

Bear in mind that this is the same government department that accused a disabled woman of harassment, alarm or distress under Section 5 of the Public Order Act, against everybody working for it – and sent the police around to her Cardiff flat, just before midnight on a Friday night last year, to put the frighteners on her. They are well-acquainted with the practice of turning the facts upside down. Just who was being harassed, again?

This leaves us with the impression that the Department for Work and Pensions will do anything to withhold the figures on the number of deaths caused by its policies.

It seems unlikely that a government department would go to such lengths unless those figures reveal a serious problem with the policy; therefore we may reasonably suspect that the number of deaths has increased, perhaps dramatically.

In turn, considering that we know ministers, the Secretary of State (Vox‘s Monster of the Year 2012 – Iain Duncan Smith), and the Prime Minister have all been warned that the assessment system they have brought in (admittedly inherited from Labour but altered under the Coalition) – and all have refused to instigate changes to make it more humane – it seems possible that a legal case for corporate manslaughter of the many thousands who have died could be made – IF the current figures were made available.

This means that its own actions have put the DWP, its officials and ministers, precisely where I want them.

We all knew they were unlikely to give up the information without a struggle, and the shape of our campaign would be dictated – to a certain extent – by their response to our reasonable requests. Now we have that response, we may proceed.

… But we’ll leave our departmental interlopers guessing about exactly what we’ll be doing, I think!