DWP debate highlights Duncan Smith’s failure to perform

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“This particular Secretary of State, along with his Department, is pushing people through [the] cracks and hoping that the rest of the country will not notice that they have disappeared.” – Glenda Jackson MP, June 30, 2014.

Yesterday’s Parliamentary debate on the performance of the Department for Work and Pensions under Iain Duncan Smith was more like a trial, with witnesses lining up to condemn the accused.

If the man this blog likes to call RTU (Returned To Unit) thought he would be able to show that his behaviour had improved, he was sorely mistaken – as the comment above illustrates.

It is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.

But we were discussing the debate as a trial. Let us first look at the evidence in favour of the government.

There. That was illuminating, wasn’t it?

Seriously, the government benches were unable to put up a single supportable point against the mountain of evidence put forward by Labour.

Iain Duncan Smith, the Secretary-in-a-State, resorted yet again to his favourite tactic – and one for which he should have been sacked as an MP long ago – lying to Parliament. He accused Labour of leaving behind a “shambles” – in fact the economy had begun to improve under intelligent guidance from Alistair Darling. “The economy was at breaking point,” he said – in fact the British economy cannot break; it simply doesn’t work that way. His claim that “We were burdened with the largest deficit in peacetime history” is only supportable in money terms, and then only because inflation means the pound is worth so much less than it was in, say, the 1940s – or for the entire century between 1750 and 1850. He called yesterday’s debate “a cynical nugget of short-term policy to put to the unions,” but the evidence below renders that completely irrelevant.

He said complaints about long delivery times for benefits were “out of date” – a common excuse. He’ll do the same in a few months, when the same complaint is raised again.

“Universal Credit is rolling out to the timescale I set last year,” he insisted – but we all know that it has been ‘reset’ (whatever that means) by the government’s Major Projects Authority.

He said there had been four independent reviews of the work capability assessment for Employment and Support Allowance, with more than 50 recommendations by Sir Malcolm Harrington accepted by the government. This was a lie. We know that almost two-thirds of the 25 recommendations he made in his first review were not fully or successfully implemented.

He said appeals against ESA decisions “are down by just under 90 per cent” – but we know that this is because of the government’s unfair and prejudicial mandatory reconsideration scheme – and that the DWP was bringing in a new provider to carry out work capability assessments. Then he had to admit that this provider has not yet been chosen! And the backlog of claims mounts up.

He tried to justify his hugely expensive botched IT schemes by pointing at a Labour scheme for the Child Support Agency that wasted hundreds of millions less than his Universal Credit, without acknowledging the obvious flaw in his argument: If he knew about this mistake, why is he repeating it?

Conservative Mark Harper said Labour opposed the Tories’ most popular scheme – the benefit cap. That was a lie. Labour supported the cap, but would have set it at a higher level. We know that the Coalition government could not do this because it would not, then, have made the huge savings they predicted.

Now, the evidence against.

First up is Rachel Reeves, shadow secretary of state for work and pensions: “After £612 million being spent, including £131 million written off or ‘written down’, the introduction of Universal Credit is now years behind schedule with no clear plan for how, when, or whether full implementation will be achievable or represent value for money.

“Over 700,000 people are still waiting for a Work Capability Assessment, and… projected spending on Employment and Support Allowance has risen by £800 million since December… The Government [is] still not able to tell us which provider will replace Atos.

“Personal Independence Payment delays have created uncertainty, stress and financial costs for disabled people and additional budgetary pressures for Government… Desperate people, many of whom have been working and paying into the system for years or decades and are now struck by disability or illness, waiting six months or more for help from the Department for Work and Pensions.

“The Work Programme has failed to meet its targets, the unfair bedroom tax risks costing more than it saves, and other DWP programmes are performing poorly or in disarray.

“Spending on housing benefit for people who are in work has gone up by more than 60 per cent, reflecting the fact that more people are in low-paid or insecure work and are unable to make ends meet, even though they may be working all the hours God sends.

“More than five million people — 20 per cent of the workforce — are paid less than the living wage. Furthermore, 1.5 million people are on zero-hours contracts and 1.4 million people are working part time who want to work full time.

“This… is about the young woman diagnosed with a life-limiting illness who has waited six months for any help with her living costs. It is about the disabled man whose payments have been stopped because he did not attend an interview to which he was never invited.

“The Government are wasting more and more taxpayers’ money on poorly planned and disastrously managed projects, and are allowing in-work benefits to spiral because of their failure to tackle the low pay and insecurity that are adding billions of pounds to the benefits bill.

“The Government are careless with the contributions that people make to the system, callous about the consequences of their incompetence for the most vulnerable, and too arrogant to admit mistakes and engage seriously with the task of sorting out their own mess.

“What this Government have now totally failed to do is to remember the human impact, often on people in vulnerable circumstances, of this catalogue of chaos. Behind the bureaucratic language and spreadsheets showing backlogs and overspends are people in need who are being let down and mistreated, and taxpayers who can ill afford the mismanagement and waste of their money.

“To fail to deliver on one policy might be considered unfortunate; to miss one’s targets on two has to be judged careless; but to make such a complete mess of every single initiative the Secretary of State has attempted requires a special gift. It is something like a Midas touch: everything he touches turns into a total shambles.

“Meanwhile, the Secretary of State will spew out dodgy statistics, rant and rave about Labour’s record, say “on time and on budget” until he is blue in the face and, in typical Tory style, blame the staff for everything that goes wrong.”

Julie Hilling (Labour) provides this: “The Government do not know what they are talking about… They talk about the number of jobs being created, but they do not know how many of them are on zero-hours contracts or how many are on Government schemes or how many have been transferred from the public sector.”

Stephen Doughty (Labour/Co-op): “another stark indictment of their policies is the massive increase in food banks across this country.”

Helen Jones (Labour): “When I asked how many people in my constituency had been waiting more than six months or three months for medical assessments for personal independence payment, the Government told me that the figures were not available. In other words, they are not only incompetent; they do not know how incompetent they are!”

Sheila Gilmore (Labour): “Although the problems with Atos were known about—and it is now being suggested that they had been known about for some time—a contract was given to that organisation for PIP. Was due diligence carried out before the new contract was issued?”

Gordon Marsden (Labour): “Many of my constituents have been caught by the double whammy of delays involving, first, the disability living allowance and now PIP. They have waited long periods for a resolution, but because a decision is being reconsidered, their Motability — the lifeline that has enabled them to get out of their homes — has been taken away before that decision has been made. Is that not a horrendous indictment of the Government?”

Emily Thornberry (Labour): “I have been making freedom of information requests.. in relation to mandatory reconsiderations. When people get their work capability assessment, and it has failed, before they can appeal there has to be a mandatory reconsideration. The Department does not know how many cases have been overturned, how many claimants have been left without any money and how long the longest period is for reconsideration. It cannot answer a single one of those questions under a freedom of information request.”

Natascha Engel (Labour): “The welfare state is designed as a safety net to catch people who absolutely cannot help themselves… That safety net is being withdrawn under this government, which is certainly pushing some of my constituents into destitution.”

There was much more, including the devastating speech by Glenda Jackson, partly in response to Natascha Engels’ comments, that is reproduced in the video clip above.

The vote – for the House of Commons to recognise that the DWP was in chaos and disarray – was lost (of course). A government with a majority will never lose such a vote.

But once again, the debate was won by the opposition. They had all the facts; all the government had were lies and fantasies.

By now, one suspects we all know somebody who has died as a result of Coalition government polices on welfare (or, preferably, social security). Two such deaths have been reported in the Comment columns of Vox Political since the weekend, and it is only Tuesday.

That is why it is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.

Share it with your friends, use parts of it in letters to your local papers or radio stations, even mentioning it in conversation will help if the other person isn’t aware of the facts.

Don’t let it be suppressed.

You don’t want to do Iain Duncan Smith’s work for him, do you?

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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?

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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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