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DWP despotism – you DO have a right to compensation

10 Tuesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Disability, Employment, People, Politics, Poverty, Public services, UK, unemployment

≈ 36 Comments

Tags

abuse, access, Atos, benefit, benefits, claim, claimant commitment, Coalition, compensation, Conservative, debt, decision maker, delay, Department for Work and Pensions, disability, Disability Living Allowance, disabled, discourtesy, DLA, DWP, easy, Employment and Support Allowance, ESA, evict, financial redress, government, hardship, health, Incapacity Benefit, Job Centre, jobseeker, Jobseeker's Allowance, maladministration, Mike Sivier, mikesivier, mistake, on time, Parliament, people, politics, reputation, respect, results, sanction, sick, social security, timely, Tories, Tory, treat, tribunal, unemployment, Vox Political, WCA, welfare, work, work capability assessment, wrong advice


Honest appraisal: The national opinion of DWP service is reflected in this comment, delivered direct to Iain Duncan Smith by 'pigeon post'.

Honest appraisal: The national opinion of DWP service is reflected in this comment, delivered direct to Iain Duncan Smith by ‘pigeon post’. (Picture: Kevin Marman)

How many times have we all heard of someone being sanctioned by the Job Centre for failing to turn up at an interview, when they were never even notified that it was taking place?

How many stories have we heard of benefit claims being delayed, causing needless hardship to people who had no other means of support by putting them into debt and under threat of eviction?

How many people have died because the pressure they suffered as a result of mistaken decisions to cut off their benefit, made by DWP officials?

I think we all know the answer to that: MANY.

But the overriding feeling seems to be that there’s nothing to be done about it and the Department for Work and Pensions is a law unto itself.

As it happens, this is not true.

The new ‘Claimant Commitment’, announced by the Department recently, places more stringent requirements on jobseekers, that must be met before they can claim their meagre pittance. The announcement made no mention of any reciprocal commitments on the part of the administrators – but they do exist, and they cover every service the DWP is supposed to provide.

Officials offered up the following after Vox Political submitted a Freedom of Information request:

“In general terms, there is one overriding responsibility: to ensure that the claim is received into an environment where a decision can be made which will be correct from the outset… Parliament and Ministers set the policy; the officers and employees create the administrative processes all claims must go through; decision makers bring the process to a close. Ministerial responsibilities are listed on the Department’s page on the gov.uk website: https://www.gov.uk/government/organisations/department-for-workpensions.

“At individual level, these responsibilities are translated into objectives and personal performance is measured against their effective delivery. There are a range of consequences for individuals failing to deliver, from informal performance improvement plans to dismissal. You then have reputational damage. Whether it is benefit specific or across-the-board under performance, be it perceived or real, this will be picked up by the press and Parliament, with Ministers and senior officials having to defend and explain themselves.

“Ultimately there will be a cost to all this because of the re-work involved in correcting decisions; in overpaying claimants because of official error; in retraining decision makers; in improving processes. That is not good for the department or the country.”

That last sentence is absolutely true. One has to wonder if the offical writing those words was aware that DWP decisions that, for example, cost the country £66 million in a single year in Employment and Support Allowance appeals, have sullied the Department’s reputation to a point where it may never recover.

The letter then points to a document detailing the ways in which people may be recompensed for loss of income as a result of such failure by the DWP, its ministers, officers and employees. It’s at http://www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf

This document is 17 pages in length, but you don’t get to the good stuff until page five. This starts by saying: “The Department and its operational businesses aim to provide its customers with a service which is easy to access; treats them well; delivers on time and provides them with the right results.”

Does anybody reading this believe any part of that statement accurately describes the DWP’s service? Is it easy to access, or is the preferred method – telephone – run by a private company that puts claimants on hold for long periods of time unnecessarily, racking up their telephone bill in the knowledge that they have little spare cash to spend on the call, and this will put them out-of-pocket?

Does it treat them well, or do Job Centre staff abuse people terribly – like, for example, the ‘advisor’ who told a woman she had to attend an interview in a town many miles from her home, to take place two days after she had undergone surgery on her leg that meant she could not walk, and refused to reschedule it to accommodate her health?

Or what about the claimant who was told he had failed to attend an appointment and must reclaim his benefit? He had never received notification of any appointment, either by mail or telephone, and therefore had no idea what the ‘advisor’ was banging on about.

Does it deliver on time? I can answer that with Mrs Mike’s experience of her appeal against the Department’s decision to put her in the work-related activity group for ESA. The appeal was submitted in March, after she had received expert advice telling her she had been put in the wrong group. A decision was made, wrongly supposing that she was claiming a deterioration in her condition and that a second work capability assessment was required. She was never notified of the decision and no appointment was ever made for the WCA; in the meantime, the benefit – which only lasts 12 months – expired. She was not contacted to prepare her for this, nor was she told what she could do about it.

This example also answers the final question that arises – does it provide the right results? No, it doesn’t. The decision maker was wrong to say she was claiming deterioration since her original assessment. She was saying the assessment had resulted in the wrong decision at the time it was made. Another assessment can only ascertain her condition on the day it takes place and will be useless in determining her appeal. The correct decision was for the matter to go to a tribunal, and it is likely that, had this happened (and this depends on the DWP telling her when it was happening), the matter might have been resolved, long before the money dried up.

All of these examples serve to support the next part of ‘Financial Redress for Maladministration’: “Unfortunately, we don’t always get things right first time. The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or the commitments we have given. It applies to situations in which we have not acted properly or provided a poor service. For example: wrong advice, discourtesy, mistakes and delays.”

Wrong advice, discourtesy, mistakes and delays.

Have you fallen foul of a DWP sanction? Was it due to any of these four reasons? If so, then you could be entitled to compensation. The Department describes this as redress, which usually comes in four forms: a “sincere and meaningful apology”, which is nice but doesn’t pay the rent; an explanation of what happened and/or went wrong – ditto; putting things right, “for example a change of procedure/revising published material”, which will help others in the future but does not solve any financial problems suffered by the claimant; and a special payment, known as financial redress.

You can make them pay.

Here’s where it gets tricky, though – there is no statutory framework for making such payments; they are discretionary, a matter of judgement – and the judgement is made by a DWP decision maker.

The difficulty with this should be clear to everyone – if they can’t make a correct decision on a simple benefit claim, they certainly shouldn’t be trusted to administer compensation payments for their own wrong decisions!

Still, there are guiding principles that can help with a case. The very first of these states that “Individuals should not be disadvantaged as a result of maladministration” – so, if you have lost benefit and this has put you into dire straits financially, you have a strong case.

“The purpose of the Special Payment Scheme is, wherever possible, to return the individual to the position they would have been in but for the maladministration”, the document says. In other words, anyone wrongly sanctioned should be able to get back all the benefits they have not been paid, plus any payment to cover, say, overdraft fees incurred as a result of the wrong decision.

It’s a really interesting document. I strongly advise you to look it up.

And, if you have suffered at the hands of these people, I strongly advise you to make a claim.

That goes for relatives of claimants who have died after adverse benefit decisions by the DWP. In fact – especially for them. If their relatives are unaware of this, tell them about it.

The only measure this government and its ministers understand is money.

Make them pay.

*If you have found this article useful, you may wish to consider picking up the book, Vox Political: Strong Words and Hard Times. The site is not professional and receipts from the book are its only means of support. Its 350 pages contain a great deal of information that should be just as useful as this article, and it may be bought here, here, here, here and here – depending on the format in which you wish to receive it.

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These disability deniers have no incentive to do the right thing

30 Friday Aug 2013

Posted by Mike Sivier in Benefits, Corruption, Disability, Health, Justice, Law, People, Politics, Poverty, UK

≈ 49 Comments

Tags

73 deaths, administration, agreement, allowance, appeal, Atos, claim, condition, contribution-based, correct, David Cameron, decision maker, Department, depression, disability, disabled, DWP, employment, ESA, failed, fault, Group, Iain Duncan Smith, Incapacity Benefit, income related, Jobseekers, mental health, Mike Sivier, mikesivier, Pensions, review, sanction, short term benefit advance, sick, support, timely, Vox Political, WCA, work, work capability assessment, work-related activities, WRAG


Despair: How can you get the government to do the right thing when the rules mean it doesn't have to?

Despair: How can you get the government to do the right thing when the rules mean it doesn’t have to?

Those of you who read the comments on this blog will be familiar with Nick. He’s a gentleman who has been ill for a very long time. The effects of his illness are readily apparent just by looking at him – he describes himself as having the appearance of an inmate in a Japanese POW camp during World War Two.

The Department of Work and Pensions still wanted to tell him he was able to seek work; they only stopped trying to cut his benefits because his MP intervened.

This is how he describes the attitude of the Coalition government: “David Cameron … is not to be trusted as he has a way of killing people in a very barbaric way, the way of silence, in the privacy of one’s home, to have a letter dropped on them to place that person in a deliberate panic, knowing and hoping it kills them.”

Elsewhere, he states: “I myself have lost all my many online friends bar one… over the past three years – all dead at the hands of the DWP.”

Now this government department is doing its best to starve the life out of Mrs Mike, it seems.

She received a letter yesterday that makes absolutely no sense at all, to anyone with sense. Attend:

“Please allow us to apologise for the lack of communication you have received regarding the changes in your benefit. As per normal procedure, you should have received a letter and phone call some weeks ago to prepare you for the end of your contribution based ESA claim. An invitation to claim income related ESA should then have been sent out. A fault on your claim meant that our processing section did not receive a prompt to contact you to explain the changes to contribution based ESA eligibility.”

Our first reaction to that was: Not our problem. The “fault” on our claim would be one that was created at the DWP, by DWP employees, and is entirely the responsibility of the DWP. But who suffers for it? We do.

“I can see that you have an ongoing appeal against being placed in the Work Related Activities Group of ESA. I cannot see an outcome to the appeal as of yet. Once an outcome has been reached, we will contact you. If successful, you will be placed in the Support Group of ESA.”

The letter goes on to contradict itself, revealing that a decision-maker examined the appeal – in April – and determined that another work capability assessment would be necessary to find out whether Mrs Mike is less able to work now than she was in July last year.

We were not told about this decision. We have not been notified about any new WCA. And now we are confused – are we supposed to be claiming income-related ESA, or waiting for the results of the appeal – an appeal which has been ongoing for nearly half a year now – in case Mrs Mike gets put into the support group. And how is she supposed to live until then – on roots and berries?

“Please be aware that we receive a very high volume of appeals; due to the volume, it is not possible to resolve each appeal as quickly as we or our ESA claimants would like. However, please be assured that your appeal is ongoing and you will be contacted when we have an outcome. In your case, our Decision Maker has stated that we will need to know the outcome of your next medical assessment before we can progress your appeal.”

Yes, we are indeed aware that the DWP receives a very high volume of appeals – 255,084 between January and March. The cost of these appeals to the taxpayer totalled £66 million between 2012-13 – and that it is losing them in increasing numbers. This is because Atos assessors and DWP decision-makers have been making decisions that are not only wrong according to the law but harmful to the lives of those affected. Do I really need to quote the 73-deaths-per-week figure that we all know and loathe – and that we all believe has inflated to even more horrific levels since it was first released? We don’t know because the DWP – again – is refusing to release the figures it holds.

“When you were migrated across to ESA from Incapacity Benefit, you attended a medical for ESA reassessment. The outcome of this was that you were to be placed in the Work Related Activities Group for a period of 12 months, effective from 21.06.12. It is for this reason that you were sent an ESA50 form in May this year; you were due for your 12month review, as stated when your claim was migrated from IB to ESA.”

This is what we deduced when we received the form – which arrived with no explanatory letter. We completed it and sent it back very quickly and had heard nothing about it since. It would be logical to expect a response, or indeed a decision, before a benefit claim expired, but we’re dealing with the DWP here, whose agents seem to think they are a law unto themselves.

Note the two inaccuracies: Mrs Mike’s ESA started on August 14 last year, and the Work Capability Assessment is not a medical check and should not, in any circumstances, be described as one. It is a tick-box assessment to determine whether a claimant is capable of performing any work that may be used by the DWP as an excuse to close their claim. Nothing more.

“Your completed ESA50 has been received by ATOS; we are currently waiting for them to set a date for your new medical assessment. You will be contacted when this date has been set.”

Oh, so the fault lies with Atos, does it? That’s nice to know. In the meantime, what are we supposed to be using to pay the bills?

And has anyone noticed that we now have a choice between combinations of three ongoing matters: We can make a new claim for income-related ESA; we can wait for a decision on our appeal, which requires another work capability assessment; and/or we can wait for Atos to pull its finger out of whichever bodily orifice is appropriate and arrange a WCA in relation to the 12-month review, which is also awaiting a decision – all after the claim period has ended!

Will we have to attend two work capability assessments? That seems to be what’s implied, although nothing in the letter clarifies this.

“I have referred your letter of complaint to our Complaints Resolution Manager, for their response. I do appreciate that you have not experienced the level of communication or customer care that we seek to provide.

“Hopefully this answers your queries.”

How has this answered any queries? All it has done is create more questions!

“Once you have completed and returned the enclosed ESA3 form, we will be able to reassess your claim and consider income related ESA.

“Once you have been seen for your next medical, we will be able to progress your Support Group appeal. If placed in Support Group, it is possible that we will be able to recommence payment of contribution based ESA.”

Aren’t these mutually exclusive? Which do they expect us to do? And – again – how do they expect us to live while we’re doing this and waiting for them to get on with it?

Note that there is no mention that we can apply for a Short Term Benefit Advance while waiting for the DWP to fulfil its responsibilities. Few people know about this and the Department aims to keep it that way. Why’s that, do you think?

It is well-known to the DWP that, along with her physical problems, Mrs Mike suffers from mental health problems and depression. As I write these words, she’s asleep on the sofa where she has been bawling her eyes out for much of the morning, in utter despair at the situation. That’s the same sofa where she spends many days at a time in such agony that she cannot move.

She won’t be another casualty of this institutionalised cruelty, but now I have to be extra vigilant to make sure she doesn’t get low enough to do herself a mischief. That’s an extra burden on me, when I already have my hands full, running the household and trying to find ways to make ends meet (like the Vox Political book, Strong Words and Hard Times*).

Meanwhile, what sanctions have been placed upon the DWP officers who have been working on this case?

None at all.

Everyone knows unemployed people claiming Jobseekers Allowance have to sign a ‘Jobseekers Agreement’ in which they agree to meet stringent conditions in order to receive their benefit. In the same way, people on ESA must report changes in their own circumstances and medical health, in order to allow their benefit to be updated correctly. Both arrangements rely on correct and timely administration by the DWP.

But this is not happening – nor is it likely to happen in the future – because, when you check to find what sanctions may be placed on the DWP for failing to uphold its side of the agreement, what do you find?

None at all.

Of course, responsibility for the policy lies not with those who carry it out but with the policy-maker, in this case the Secretary of State, Iain Something Smith. How much will he pay as a penalty for masterminding this failure of a system that has caused so much agony to so many people – and that is costing the taxpayer so much extra money in legal challenges?

I’ll tell you. It’s exactly the same as the amount of remorse the failed, Returned-To-Unit Army bag-carrier showed when he was challenged about the people his policies have killed:

None at all.

There will be no hope for the sick and disabled of this country until those responsible for their persecution are made to pay the price for it.

*Vox Political: Strong Words and Hard Times may be bought here, here, here, here and here – depending on the format in which you wish to receive it.

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