Welfare reform: will the Lords hold their nerve?

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Today (February 14), the House of Lords will be debating the Welfare Reform Bill from 2.30pm. This is the Bill they sent back to the Commons with seven amendments, which MPs reversed out of hand. The government went on to state it would us ‘financial privilege’ rules to push the legislation through Parliament in its original form – an entirely undemocratic move that has led many to question the legality of the government’s tactics, and some to call for the Queen to deny Royal Assent to the Bill, on the grounds that it will not have been passed “in good faith”.

I think we all know by now that the aim of this Bill is to harm disabled people. The government has tried to create a myth about them being “benefit scroungers”, sponging off the State, but that has not succeeded with anyone other than readers of the Daily Mail. Ministers just want to take money away from those who are least able to defend themselves. Shame on them.

The question now is whether the Lords are prepared to stand up to the Coalition. Will they oppose the derisory attitude of their counterparts in the Commons, or will they just roll over and let democracy die out? How do they feel about the fact that their amendments were overturned? What do they think about the ‘financial privilege’ furore?

I suppose we’ll find out this afternoon, starting at 2.30pm.

For those of you with a deeper interest in the issues, I urge you to read Sue Marsh’s Diary of a Benefits Scrounger, but I will leave you with a quotation from today’s column: “At some point we must say “enough”. At some point, we have to accept that we have a broken system, broken procedures and that “majority rule” is not enough. If we have no checks and balances, no way to influence outcomes or mitigate harm, then the Commons is effectively a dictatorship – once elected free to wreak havoc wherever they see fit. Nothing in a manifesto, no hint of things to come, just a majority, cobbled together to deny process.”

I warned last week that we are seeing the signs of a dictatorship here. Do you really want to live under tyranny?

Welfare Reform Bill: a request for information

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In April last year I wrote to my MP, Roger Williams (Liberal Democrat) regarding the Welfare Reform Bill and changes to Disability Living Allowance. He had sent me a letter from Maria Miller (a DWP minister, I believe), claiming that it should reassure me. It didn’t.

Now, as the government is ramrodding this vile Bill through Parliament using a procedure that is not valid (as far as any of us can tell), I’d like to resurrect some of the issues I raised with him then, and ask whether any of them have changed in the 10 months since.

If any readers have answers for me, or stories about their own experiences, please send them to me via the ‘Comments’ box at the bottom of the page.

‘According to the letter,’ I wrote, ‘there will be an “objective assessment of an individual’s need”, developed alongside “a group of independent specialists in disability, social care and health, which includes disabled people”. Who are these independent specialists? To which organisations do they belong? Are any of them members of groups which have previously criticised the assessment of Incapacity Benefit claimants, on which the DLA assessment will be based? This letter does not provide that information.’

Does anyone know, today, who these people might be?

‘The letter states: “I can assure you that it (the allegedly-objective assessment of an individual’s need) will not only take into account physical impairments, but also mental, intellectual, sensory and cognitive ones. We also recognise the importance of ensuring that it effectively takes account of variable and fluctuating impairments.”

‘Before continuing, I would like to point out that taking information into account is not the same as making a decision based on it, and this comment cannot, therefore, be taken as an assurance of fairness.

‘As I understand it, the assessment will be carried out with the help of a computer, as has been the case with Incapacity Benefit since the new assessment for that benefit was introduced. Is this really the best way of analysing a person’s fitness for work? I don’t think so, and neither do charities working with the disabled, who have described it as a “blunt and unsophisticated tool”.

‘Let’s stay with the Incapacity assessment for a while. I think it is useful to use it as a way of gauging how the new DLA assessment will work because the latter will be based on the former. Since its preliminary rollout in 2008, we have all heard how people with terminal cancer have been found fit to work. In addition, people with mental health problems have complained their condition has not been taken seriously, and people with complex illnesses report that the tick-box system is not able to cope with the nuances of their problems. “Ensuring that it effectively takes account of variable and fluctuating impairments”? It doesn’t seem likely, in my opinion. Certainly not “effectively”.

‘A revised, even more stringent version of the assessment means blind claimants who can get around safely with a guide dog will be forced onto jobseekers allowance, as will deaf claimants who can read and write. Taking into account sensory impairments? Do you think this claim is justified?’

Is this still true?

‘To continue receiving benefit, a person must score 15 points. However:

‘*Claimants who can’t walk but who can use a manual wheelchair will no longer score points;’

Still accurate?

‘*References to hands have been removed from the picking up activity specifically in order to make it harder for amputees to score points;’

Is this still the case?

‘and *Some activities have simply been cut from the test altogether. For example, the activity of ‘Bending and kneeling’, for which 30 points are currently available, is to be completely removed for ‘health and safety reasons’ as people should not ‘bend forward when lifting’.’

Is this still the case? It seems strange to cut something from a test for health and safety reasons when at-work threats to a person’s health and safety are precisely the reason they are taking the test!

‘Half of all the scoring descriptors for mental health and learning difficulties have also been axed, making it much harder to get benefit for people with conditions such as depression or anxiety.’

Still true?

‘At the end of each session, the computer program generates a 25-page report summarising the person’s general state of health, and fitness for work. People with severe health problems who have been given zero points say that they have told their assessors what was wrong with them, and been met with a “computer-says-no” response.’

Still true?

‘Receipt of DLA means many claimants can also get free improvements to their homes from Social Services,’ I wrote. ‘How are disabled people supposed to get these improvements if they are downgraded to Jobseeker’s Allowance, which provides a lower amount that will be entirely spent on subsistence?’

I added that there is a level of vindictiveness in the assessment system, also.

‘The Guardian has reported on one man who was given only nine points in his first WCA, but went to tribunal, where the judge found him eligible for the higher level of benefit. Shortly after the tribunal he was called for another assessment, and this time was awarded zero points. At the time the article was printed, he was waiting to appeal a second time.

‘Part of the assessment has assessors extracting information sideways from claimants. People are asked: ‘Do you watch EastEnders or Coronation Street?’ If they say yes, then that’s interpreted as meaning they can sit in a chair for 30 minutes, and that they can concentrate for 30 minutes, and the assessor can then put this on their profile as indicating they are able to work. Ability to watch a TV show does not equal ability to work.

‘Assessors observe the claimants’ demeanour during the test. One report, explaining why a woman with mental health problems had been found ineligible for the benefit, states as justification that she “did not appear to be trembling . . . sweating . . . or make rocking movements”. The DWP manual states “rocking may indicate anxiety”. It may indeed, but this is not – and should not be interpreted as – the only possible indication of anxiety.

‘Let’s get back to the letter,’ I wrote. ‘It states: “Currently there are 11 possible different rates at which DLA can be paid, which makes it complex to administer. We are proposing two rates of benefit payable for each component. This will simplify the overall structure and make it easier to understand.” Hold on a moment! So what this means is the current system involves a bit of thought on the part of administrators that, reading between the lines, the current government is not prepared to support. Simplifying the structure would mean fewer different rates of payment – so there’s a saving to be made there – and also there will be a need for fewer people to administrate the system – so there’s another saving to be made.

‘This is all about money, isn’t it? Mr Grayling can carry on that there are no targets until he’s blue in the face, but the facts are telling a different story.’

I’m willing to bet that none of the above has changed, but I’d like to read comments from people who are more familiar with the system than I am.

I’d like to leave you with this thought: In 1930s Germany, the Nazis had the Jews. In today’s UK, the Coalition has the disabled. How long will it be before someone dies?

Or has that happened already?

Show your contempt for this arrogant dictatorship

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Does anybody reading this still think the UK is a democracy?

I dare say most people are aware that the government, in the House of Commons, has reversed all seven amendments made by the Lords to the Welfare Reform Bill. This means the new benefits cap of £26,000, per family, will include Child Benefit.

The Bill will also:

• Require cancer patients to undergo a means test for Employment Support Allowance – if they fail, they have to look for work
• Reduce the lower rate of the ‘disabled child’ element of Child Tax Credits
• Means test other ESA claimants every year
• Stop young disabled people who have never worked from claiming ‘contributory’ ESA
• Impose ‘under-occupancy’ penalties on social tenants with one spare room
• Force single parents to face Child Support Agency charges, even if they have taken steps to reach a settlement

There is no mandate for these changes, or any of the other changes in the Welfare Reform Bill. The Conservative/Liberal Democrat Coalition does not have permission from the electorate to do this, because it was never part of either of their manifestos. This is undemocratic.

The House of Lords, in amending the Bill to prevent the measures I mention above, had been contacted by many people on benefits, and made their decision in the knowledge of the financial trauma it will cause if allowed to go ahead unchanged. This was the only opportunity the people affected by the Bill had to plead a case, and the government’s pig-headed refusal to pay attention (let’s call it a ‘not-listening’ exercise, in recognition of the sham that was carried out in respect of the Health and Social Care Bill, which is likely to cause even more harm to the honest people of the UK). The reversal in the Commons therefore flies in the face of the will of the people. This, too, is undemocratic.

Furthermore, the government has announced it will use a rule known as ‘financial privilege’ to prevent the Lords from sending the same amendments back to the Commons when they consider the Bill for the final time.

Now, Parliamentary convention has long stated that the Lords do not deliberate on “money” Bills, such as the Budget – but such legislation is never introduced to the Lords in the first place. As the Welfare Reform Bill was, there is a strong argument that this rule does not apply.

It is highly unusual for a government to introduce a Bill to Parliament with the intention of it being considered by both Houses, only for it to declare the Bill beyond the auspices of the Lords at this relative late stage in proceedings – and for this reason the whole process could end up in a judicial review.

In other words, for this to happen, it must normally be decided before a government is humiliated over its unsound policies – not after. This, again, is undemocratic.

Let’s not forget that the government falsified the results of its own consultation process about this bill. More than 90 per cent of those taking part opposed the changes in the bill but this was ignored in the report, which was intended to show that the public supported the change. It does not. This, yet again, is undemocratic.

This break with precedent could have further implications for other major government bills going through the Lords, including the Legal Aid and NHS Bills, both of which are highly controversial. Need I point out how undemocratic all of this is?

Finally, none of these measures are necessary. If the government taxed big businesses properly, instead of excusing them from paying the vast sums of money they owe, then there would be enough in the Treasury to keep benefits as they are and pay off some of the national debt. This is what the majority of the people in my country want and their refusal to do it is totally undemocratic.

If you’re not living in a democracy – and if you’re in the UK, you are definitely not living in a democracy any more – then you’re living in a dictatorship.

It is a dictatorship ruled by two parties that did not even gain a majority in the last General Election.

We have another three years of this agony, as matters stand at the moment.

All I can suggest right now is that we make our contempt for this arrogant cartel known at every opportunity. If any of the above makes you angry, make sure you’re on the electoral register and then get out and vote against them every chance you get.

There are elections in May. They’ll be a good place to start.