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

Tags

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part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.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.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

DWP debate highlights Duncan Smith’s failure to perform

Tags

alistair darling, allowance, Atos, bedroom tax, benefit, benefit cap, benefits, chaos, crack, deficit, delay, Department, due diligence, DWP, economy, Emily Thornberry, employment, ESA, food bank, Freedom of Information, Glenda Jackson, Gordon Marsden, government, Helen Jones, housing benefit, Iain Duncan Smith, IDS, Julie Hilling, lie, living wage, Major Projects Authority, mandatory reconsideration, Mark Harper, mislead, Motability, MPA, Natascha Engel, Opposition, Parliament, Pensions, Personal Independence Payment, PIP, provider, Rachel Reeves, request, reset, RTU, safety net, Sheila Gilmore, Steven Doughty, support, timetable, Universal Credit, WCA, work, work capability assessment, Work Programme, zero hours contract

“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?

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

Art attack on Coalition policies that drive people to their deaths

Tags

allowance, art, benefit, Coalition, Conservative, Democrat, Department, Disability Living Allowance, DLA, DWP, employment, ESA, government, hb, housing benefit, IB, Incapacity Benefit, Lib Dem, Liberal, Melanie Cutler, memorial, Mike Sivier, mikesivier, Pensions, people, People of Thurrock, Personal Independence Payment, PIP, politics, Reform, sick, social security, Stewardship, suicide, support, Tories, Tory, victim, welfare, work

A UK artist has created an art installation as a memorial to the suicide victims of welfare reform.

Melanie Cutler contacted Vox Political regarding her piece – ‘Stewardship’ – a few weeks ago, asking, “Do you think I’ll be arrested?”

The response was that it should be unlikely if she informed the media. The artworks have been displayed at the Northampton Degree Show and are currently at the Free Range Exhibition at the Old Truman Brewery building in Brick Lane, London, which ends tomorrow (June 30).

Entry is free and the installation will be located in F Block, B5.

“I have become an artist later on in life,” Melanie told Vox Political. “I was a carer for my son and, a few decades later, my father. I have worked most of my life too, raising three children.

“Only recently, while studying fine art at University I found my health deteriorating. I have a cocktail of conditions – Type 1 diabetes (diagnosed last year), Coeliac disease, asthma, rheumatoid or psoriatic arthritis (currently being investigated), osteoarthritis, psoriasis and a brain tumour (thankfully benign and inactive). I have also lived with depression for almost all my adult life.

“I wanted my work to articulate how I feel about certain issues. In March this year I pitched up in Thurrock, a marginal seat which will be hotly fought-over in the run-up to the next general election. I sat in front of a blank canvas and asked the people of the town to tell me how they felt about welfare reform, the press and the 2015 General Election. I took a team of people to film and photograph the event and to explain to people what the work was about.

‘People of Thurrock’ in the making. Artist Melanie Cutler sits, silenced, while residents of Thurrock write their opinions of ‘welfare reform’ on the canvas.

“Buoyed on by the reaction to ‘People of Thurrock’, I went on to something else I felt was an important issue; I put welfare reform under the microscope and conducted research around this issue. I was struck by the amount of people who, through no fault of their own, seek to end their own lives as they feel they have no other option. My own family has been touched by suicide and one of my own children is on ESA and awaiting an interview with ATOS.”

‘Stewardship’: Each plaque features the name of a ‘welfare reform’ victim and a description of how they died.

‘Stewardship’: This memorial is to Paul Reekie, the Scottish poet and writer who took his own life in 2010. Letters left on his table stated that his Housing Benefit and Incapacity Benefit had been stopped.
The poet’s death led to the creation of the Black Triangle Anti-Defamation Campaign in Defence of Disability Rights.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

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

Tags

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?

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

Government assessment delays are causing deaths – are ministers trying to shift blame?

Tags

Annette Francis, assessment, BBC, benefit, blame, committee, company, Conservative, contempt, death, delay, Department, die, disability, Disability Living Allowance, disabled, DLA, government, health, Iain Duncan Smith, Liverpool Echo, Mike Penning, Mike Sivier, mikesivier, minister, Parliament, Pensions, people, Personal Independence Payment, PIP, politics, private, profit, public, Question Time, sector, service, Sheila Gilmore, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment

He knows he’s in trouble: Mike Penning, staring down the hole in his claims about Atos.

The Liverpool Echo has reported the death of a woman who had been ordered to claim the new Personal Independence Payment – and was then denied any benefit payments for six months.

At the same time, we have learnt that disabilities minister Mike Penning has been caught giving false evidence to a Parliamentary committee on the way contracts for the assessment of disability benefits have been awarded.

The two are not unconnected, it seems.

Annette Francis was found dead at her home in Garston on May 22. She had been suffering severe mental illness but had not received a single penny of disability benefit for six months, since the Department for Work and Pensions had stopped her claim for Disability Living Allowance and told her to apply for PIP.

She did so – but was still waiting for her first payment at the time of her death. She leaves an 11-year-old son, who is currently in the care of his great-aunt.

Problems with the private companies that carry out work capability assessments for benefits including PIP and Employment and Support Allowance (ESA) were discussed with disabilities minister Mike Penning in December last year – right around the time Ms Francis’s DLA was being cut off.

He told the Commons Work and Pensions Committee that problems with the firm carrying out the assessments – Atos – were created because it was not possible to make a profit on the contract it signed with the previous Labour government.

He said: “We are picking up the mess behind that.”

If he was telling the truth, he didn’t pick it up quickly enough. But it seems more likely that he was lying.

According to Sheila Gilmore, a Labour MP who sits on the Work and Pensions committee, “he is not entitled to access advice given to the previous Government on the assumptions Atos made as part of their tender”. In that case, he could not possibly have been aware of the terms under which Atos was employed by Labour and was therefore lying to his fellow MPs.

Readers of this blog know that – unless rectified by a timely apology and correction – this is an offence for which any MP may be expelled.

So we are left to ask which situation is worse – one in which a woman has died because a private company carrying out a public service was upset that it couldn’t make a profit, or one in which she died because the same public service has been unforgivably delayed while the private company and the government have been arguing about how much profit it should make?

Either way, unless Penning gets his apology and correction sorted out quickly, he should be booted out of Parliament in disgrace.

His boss is Iain Duncan Smith, who will be appearing on the BBC’s Question Time on Thursday. Do you think this will get a mention?

Neither do I.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

Will Question Time’s panel do what Parliament can’t – and hold Iain Duncan Smith to account?

Tags

'ad hoc', allowance, Atos, BBC, benefit, biopsychosocial, Coalition, Conservative, corporate manslaughter, Democrat, Department, Disability Living Allowance, DLA, DWP, employment, ESA, fit for work, FOI, Freedom of Information, government, human rights, Iain Duncan Smith, Ian Hislop, IB, IDS, Incapacity Benefit, incapacity benefits: deaths of claimants, Lib Dem, Liberal, Michael Meacher, Mike Sivier, mikesivier, Owen Jones, Parliament, Pensions, people, Personal Independence Payment, Peter Lilley, PIP, politics, Private Eye, Question Time, Reform, returned to unit, RTU, sick, social security, support, theory, Tories, Tory, Universal Credit, unum, vexatious, welfare, work, work capability assessment

Picture the scene if you can: It’s shortly after 11.35pm on Thursday (June 5) and all my inboxes are suddenly overflowing – with the same message: Iain Duncan Smith will be on Question Time next week.

The implication was that there is an opportunity here – to show the public the homicidal – if not genocidal – nature of the changes to the benefit system this man mockingly describes as “welfare reforms”.

We were given the name of only one other panellist who will be appearing in the June 12 show, broadcast from King’s Lynn: Private Eye editor Ian Hislop. He is certainly the kind of man who should relish a chance to take the politician we call RTU (Returned To Unit) down a peg or two – in fact the Eye has run articles on DWP insanity fairly regularly over the past two decades at least.

Personally I’d like to see him joined by Michael Meacher and Owen Jones, at the very least. A rematch between Smith and Jones would be terrific television (but it is unlikely that the coward IDS would ever agree to it).

All such a panel would need to get started is a question about “welfare reform”. Then they could start at the beginning with the involvement of the criminal US insurance corporation Unum, which has been advising the British government since Peter Lilley was Secretary of State for Social Security. There appears to be a moratorium on even the mention of Unum in the British press so, if this is the first you’ve heard of it, now you know why.

Unum’s version of an unproven strand of psychology known as biopsychosocial theory informs the current work capability assessment, used by the coalition government to evaluate whether a claimant of sickness benefits (Incapacity Benefit/Employment Support Allowance or Disability Living Allowance/Personal Independence Payment) should receive any money. The assessment leans heavily on the psycho part of the theory – seeking to find ways of telling claimants their illnesses are all in the mind and they are fit for work. This is how Unum wormed its way out of paying customers when their health insurance policies matured – and it is also how Unum received its criminal conviction in the States.

Here in the UK, the work capability assessment appears to have led to the deaths of 3,500 ESA claimants between January and November 2011 – 73 per week or one every two hours or so. These are the only statistics available to us as the Department for Work and Pensions stopped publicising the figures in response to a public outcry against the deaths.

Members of the public have tried to use the Freedom of Information Act to pry updated figures from the DWP. I know of one man who was told that the 2011 figures were provided in an ‘ad hoc’ release and there was no plan for a follow-up; the figures are not collected and processed routinely. The last part of this was a lie, meaning the DWP had illegally failed to respond to a legitimate FoI request.

Having seen that individual attempts to use the FoI Act to get the information had failed, I put in a request of my own and suggested others do the same, resulting in (I am told) 23 identical requests to the DWP in June last year. Apparently this is vexatious behaviour and when I took the DWP to a tribunal earlier this year, it won.

But the case brought out useful information, such as a DWP employee’s admission that “the Department does hold, and could provide within the cost limit, some of the information requested”.

Now, why would the Department, and Iain Duncan Smith himself, want to withhold these figures – and lie to the public about having them? It seems to me that the death toll must have increased, year on year. That is the only explanation that makes sense.

The DWP, and its Secretary-in-a-State, have had their attention drawn to the deaths many times, if not in interviews then in Parliament. DWP representatives (if not Mr Duncan Smith himself) have taken pains to say they have been improving the system – but still they won’t say how many deaths have taken place since November 2011.

If it can be proved that DWP ministers were aware of the problem (and we know they are) but did not change the situation enough to slow the death rate (as seems to be the case), then it seems clear that there has been an intention to ignore the fact that people have been dying unnecessarily. This runs against Human Rights legislation, and a strong case could be made for the corporate manslaughter of thousands of people.

And that’s just ESA!

When we come to PIP, there’s the issue of the thousands of claimants who have been parked – without assessment – for months at a time, waiting to find out if they’ll receive any money.

Universal Credit currently has no budget, it seems, but the DWP is clearly still wasting millions of pounds on a project that will never work as it is currently conceived.

It would be nice to think that at least one member of Thursday’s panel might read this article and consider standing up for the people, but it’s a long shot.

Possibly a million-to-one chance, in fact.

According to Terry Pratchett, that makes it an absolute certainty!

Here’s hoping…

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy Vox Political books!
The second – Health Warning: Government! is now available
in either print or eBook format here:

The first, Strong Words and Hard Times
is still available in either print or eBook format here:

The London Paralympic legacy, two years later: Vox Political’s predictions were true

Tags

athletes, benefit, benefits, British Wheelchair Basketball, Coalition, Conservative, disability, Disability Living Allowance, disabled, DLA, Employment and Support Allowance, ESA, government, health, Incapacity Benefit, Inside the Games, Job Centre, Jon Pollock, Liberal, Liberal Democrat, Mike Sivier, mikesivier, opportunities, opportunity, paralympian, Paralympic, Paralympics, Parliament, people, Personal Independence Payment, photo, PIP, pogrom, politics, Pride's Purge, scrap heap, spina bifida, Team GB, tom pride, Tories, Tory, Vox Political, wheelchair

Plight of the Paralympians: This is what they were being told to expect in September 2012.

Two years ago, Vox Political warned that the legacy of the London Paralympics would be the loss of disability benefits for the British athletes who took part.

“They have proven they’re fit enough to work and therefore don’t need [the money],” is how this blog’s article of the time described the situation. “Right?”

Right.

Gratitude goes to Tom Pride for drawing attention to the plight of basketball player Jon Pollock, who has been refused any benefits at all since he became unemployed after the Games.

His situation is exactly as Vox Political predicted in September 2012. Following up on previous warnings that the Coalition government had launched a campaign of hate against ordinary people who had been claiming incapacity or disability benefits, the article stated: “We knew that, once the chance for profile-boosting photo opportunities were over… the disability pogrom would be extended to paralympians.”

How true those words were.

On the website Inside the Games, Mr Pollock said: “”I retired after London and since then I’m not entitled to benefits because lottery funding isn’t taxable.

“So when I go and apply for a job, the woman in the job centre said I should do charity work. But that doesn’t pay the bills. “The job centre have been absolutely useless.”

Mr Pollock, who has spina bifida, said: “I’ve given everything I have to my career and now I just feel like I’ve been tossed on the scrap heap. If I’d given two decades of service to anything else, I’d be fine but disability sport is just not recognised as a career it seems.”

British Wheelchair Basketball says Mr Pollock declined support that was available, but this seems questionable. If you have a choice between spending two years looking fruitlessly for work and accepting help to plan a career after sport, you’d take the help – unless it wasn’t worth having, which would be par for the course with our useless unelected government.

Why aren’t ministers queueing up to tell us how well the UK treats disabled people who could have had normal careers but chose to represent their country instead?

They’re nowhere to be seen – because there isn’t a photo opportunity involved.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy the first Vox Political book,
Strong Words and Hard Times
in either print or eBook format here:

The PIP assessment hoax shows we could believe any claim about our corrupt government

Tags

allowance, Andrew Lansley, assessment, Atos, benefit, claim, competition, Conservative, corrupt, death, Department, descriptor, disability, disabled, Disabled People Against Cuts, DPAC, DWP, employment, ESA, false, government, health, hoax, Iain Duncan Smith, illegal, Incapacity, inept, lie, Lord Freud, Mandatory Work Activity, Mike Sivier, mikesivier, mislead, mortality, National Health Service, negative resolution, NHS, Parliament, Pensions, people, Personal Independence Payment, PIP, politics, rate, regulation, sick, social security, statistic, support, Tories, Tory, treacher, underhand, Vox Political, WCA, welfare, work, work capability assessment, Workfare

[Image: Getty Images]

It seems some of your favourite bloggers – including Yr Obdt Srvt – have been hoodwinked by a hoax claim that assessment criteria for the new Personal Independence Payment have been made much more severe than has been the case until now.

If you were distressed by this article, please be reassured that – from what has been said over the last few hours – it is not accurate.

Vox Political only published the claims because they came here via a colleague of good character who in turn received it from a trustworthy source. There were telltale signs that it was a wrong ‘un – for example the fact that the story is based on unsubstantiated information allegedly provided by an anonymous Atos employee to an equally anonymous source – but here at VP it was felt that the possibility of another DWP betrayal merited a mention.

Much of the hoax article focused on the descriptors used to define the effects of their disabilities on a claimant. These are defined by regulations that can only be changed by Parliament (although not by an Act of Parliament, if I understand correctly) and that should have been evidence enough that the claims were false.

But we know that Iain Duncan Smith, Lord Freud and the other vipers infesting the Department for Work and Pensions like to change the conditions in which people receive benefit – especially if it helps them reach their savings targets. This goes for the rest of the Conservative-led government too; they hide information from us.

Look at the ‘negative resolution’ the government introduced last year, to open England’s health service to widespread competition. This happened after the Conservatives (Andrew Lansley in particular) promised on their honour that they would do no such thing. Their plan was that the new rules would not be discussed, and there would be no vote; instead they would automatically become law. How could any of us know whether the government was planning more of the same?

Let us decide, for the moment, that this was a hoax. Some commentators have suggested that it has been planted by fifth columnists working for the government but claiming to be acting for the people, in order to bring other, more substantial criticisms of DWP policies into disrepute. This seems unlikely.

Instead, it shows us that the policies put forward over the last four years by Mr Duncan Smith and his colleagues, together with the way they have been implemented, have shown ineptitude, underhandedness and treachery of such magnitude that people now believe they are capable of anything at all – even the bizarre and contradictory changes that were publicised yesterday.

This is the government department that changed the assessment rules for Employment and Support Allowance to such a degree that the death rate for people claiming the benefit rocketed. Iain Duncan Smith’s solution: Stop publishing mortality statistics for people claiming incapacity benefits.

This is the government department that, faced with a court ruling that its rules for mandatory work activity were illegal, simply changed the law in order to legalise them. This act alone made the Coalition government a criminal regime.

This is the government department whose behaviour shows only one area of consistency – continually making false or misleading claims about its work. Take a look at DPAC’s excellent Report on DWP Abuse of Statistics from June last year for no less than 35 examples of this.

When you are discussing liars it is easy to believe lies about them.

This is why it will be hard to believe any attempt by the DWP to discredit its critics on the basis of this single hoax.

If Iain Duncan Smith wants us to believe him, why doesn’t he give us those ESA death stats we’ve wanted for so long?

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy the first Vox Political book,
Strong Words and Hard Times
in either print or eBook format here:

More room for rich foreigners as government cuts Disabled Students Allowance

Tags

allowance, assessment, benefit, complex, computer, david willetts, disability, Disability Living Allowance, Disability Practitioners, disabled, Disabled Students Allowance, DLA, DSA, dyslexia, employment, ESA, government, ILF, independent living fund, learning mentor, Mike Sivier, mikesivier, minister, NADP, National Association, non-specialist, note-taker, Paddy Turner, people, Personal Independence Payment, PIP, politics, Remploy, specialist accommodation, support, The Guardian, universities, university, Vox Political

Some readers may find the above headline a bit strong, but please be assured – this is what it means.

Vox Political became aware of this story in two contrasting ways, as follows.

Firstly, from The Guardian: “From September 2015 [the government] will only pay for support for students with specific learning difficulties, such as dyslexia, if their needs are ‘complex’, although the definition of this, and who decides it, remains unclear.

“It will no longer pay for standard computers for disabled students, or for much of the higher specification IT it now subsidises.

“And it will no longer fund non-specialist help, likely to include note-takers and learning mentors. The costs of specialist accommodation will be met only in exceptional circumstances.”

Paddy Turner, of the National Association of Disability Practitioners (NADP) is quoted: “This is going to have a disastrous effect on students with specific learning difficulties because it looks very clear that [universities minister David Willetts] is trying to remove them from the DSA. It looks like a knee-jerk reaction to recent reports that specific learning difficulties and dyslexia aren’t really disabilities at all.”

Secondly, please read the following, from Vox Political reader Karlie Marvel, who has a relative with MS: “They are axing the disabled student allowance. The amount of funding for DSA is relatively tiny.”

I’ve been completely staggered by what I have discovered to be going on… Surely, the benefit to the economy of helping disabled students towards being able to contribute fully to society, rather than being left on the sidelines because of penny-pinching, is greater than the cost of a short period of support whilst they train?

“But I can’t say I’m surprised really.

“No education…

“Struggle to find work…

“No benefits…

“Die.

“Coalition government 2014. I’m feeling very bleak, Mr Vox.”

Who can blame her? Yet again, our government of couldn’t-care-less millionaires is cutting support to the very people they should be working hardest to help – the vulnerable disabled who cannot make it on their own.

They have rigged benefit assessments to make claiming as stressful as possible for people who can be killed by anxiety.

They have closed most of the Remploy factories that employed disabled people.

They are closing down the Independent Living Fund (ILF), that delivers financial support to disabled people so they can choose to live in their communities rather than in residential care.

Now this.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy the first Vox Political book,
Strong Words and Hard Times
in either print or eBook format here:

Work Capability Assessment faces replacement if Labour wins election

Tags

allowance, benefit, Beyond the Barriers, Centre, Department, disability, Disability Living Allowance, disabled, DLA, DWP, employment, ESA, Iain Duncan Smith, IB, Incapacity Benefit, Independent, Kate Green, Labour, LabourList, living, Media, Mike Sivier, mikesivier, minister, news, paper, Pensions, people, Personal Independence Payment, PIP, politics, radio, shadow, sick, social security, Spartacus, support, television, The Fed Online, TV, Universal Credit, Vox Political, welfare, work, work capability assessment

‘To see ourselves as others see us’: It is hard to stand on a platform when you can’t even stand – but the social media are giving disabled people a stronger voice and a chance to take the spotlight, rather than the sidelines.

The Labour Party is likely to scrap the hated Work Capability Assessment for people claiming sickness and disability benefits, replacing it with “something that looks very different” – but you haven’t heard anything about it on the news, have you?

Labour’s shadow minister for disabled people, Kate Green, said she would be treating with “great seriousness” the Beyond the Barriers report by the Spartacus online campaigning network, which concluded that the WCA is “inaccurate, unreliable and invalid” – but you won’t have heard anything about that on the TV or radio, or read it in the papers either.

Vox Political found it on the Centre for Independent Living’s website, The Fed Online, after being pointed to it by a link on social media. The article – from Friday (April 11) – said Beyond the Barriers was “backed by evidence from more than 1,200 sick and disabled people”, and drew on the best of the systems used by seven other countries.

It said the report “demands a new system that is ‘radical and ambitious’ and ‘inspires, enables and encourages’ disabled people, rather than the current ‘punishing, penalty-based system'”.

Kate Green said she would not want to scrap the assessment immediately, but would want to replace it as soon as possible.

She criticised the points-based format of the current, computer-based test, and its focus on a one-off “snapshot” of each claimant’s condition – which takes no account of fluctuating ailments.

But she also warned that the Department for Work and Pensions has been pushed into a “very fragile” state by its Conservative Secretary of State, Iain Duncan Smith, with his hopeless Universal Credit project and problems with the new Personal Independence Payment and ESA – both of which were related to the work capability assessment.

She said a Labour government would have to be careful not to “knock the whole department over completely” with any changes.

This blog would rather have the whole DWP dismantled, with its work turned over to a new organisation – or several. It seems clear that the attitudes of the department’s heads, along with the damaging work ethic they have propogated, make the DWP unsustainable in its current form.

For the rest of the article, visit this site.

LabourList, the UK’s top political blog, added its support to Beyond the Barriers, with columnist Luke Akehurst stating: “It cogently promotes a viable policy alternative which protects the interests of disabled people without being profligate with public money.”

He continues: “The report calls for: ‘Work for those who can. Security for those who can’t. Support for all.’

“This is the language of Labour’s values. We could do a lot worse than implementing this report’s proposals if we get into government.

“Read the report. Get angry about what the Government has done to disabled people. And get organised to ensure our Party takes these excellent ideas, from disabled people themselves, seriously.”

The rest of that article is here.

How sad that Beyond the Barriers – and Labour’s reaction to it – has been ignored en masse by the news media. It seems a sensible response to this issue is unwanted in those areas.

And a senior member of the Labour Party supporting this sensible attitude would be a long way off-script for the right-wing press, whose mogul bosses need to depict Labour as even more crazed than the loonies in blue ties that their papers and TV stations support.

Still, there it is.

This blog now awaits the fevered response from commenters who have remained determined to trash Labour’s policies.

Let’s see you get your ignorance out, in the face of all the evidence.

Follow me on Twitter: @MidWalesMike

Join the Vox Political Facebook page.

Vox Political needs your help. We can’t get the facts to you without it!
This independent blog’s only funding comes from readers’ contributions.
Without YOUR help, we cannot keep going.
You can make a one-off donation here:

Alternatively, you can buy the first Vox Political book,
Strong Words and Hard Times
in either print or eBook format here: