Category Archives: Department for Work and Pensions

Now we know when the DWP’s £301 cost of living payment will arrive

The Department for Work and Pensions has (at last!) announced when it will pay the first instalment of its £900 cost of living payment.

Here’s the Mirror with the juice:

The Department for Work and Pensions (DWP) has confirmed £301 will be sent to eligible households between April 25 and May 17 .

This is the first of three DWP cost of living payments set to be issued to help with rising bills, totalling up to £900.

In order to receive the money next month, you must be claiming one of the following means-tested benefits during the qualifying period.

The benefits are:

  • Universal Credit

  • Income-based Jobseekers Allowance

  • Income-related Employment and Support Allowance

  • Income Support

  • Pension Credit

You need to have been entitled to a payment between January 26 and February 25 to receive the £301, or received a payment for an assessment period ending between these dates.

Low-income pensioners not already getting Pension Credit can still qualify for the £301 if they backdate a Pension Credit application by May 19.

Those who receive just Working Tax Credit or Child Tax Credit – so no DWP benefits – are also eligible for the £301.

However, HMRC will pay this first instalment at a later date, which has yet to be confirmed.

Dates for the second and third instalment of the £900 cost of living payments – set to be worth £300 and £299 – have also yet to be announced.

The second payment is due to be sent in summer 2023, while the third payment will be sent in spring 2024.

All the cost of living payments will be tax-free, will not count towards the benefit cap, and will not have any impact on existing benefit awards.

So now we know.

Source: DWP confirms exact date when £301 cost of living payment will start to hit bank accounts


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Government’s role in death of benefit claimant to be examined in new inquest

Jodey Whiting: death by DWP?

The role of the Department for Work and Pensions in the death of former Employment and Support Allowance claimant Jodey Whiting is to be examined after the Court of Appeal approved a second inquest.

The decision follows representations by solicitors Leigh Day, and I’ll let them explain:

Jodey’s mother, Joy Dove, has been fighting for five years to have a second inquest into Jodey’s death to examine the role of the DWP.

The Court ruled that it is desirable in the interests of justice for a new inquest to be held to investigate how Jodey came by her death in light of new evidence Joy obtained after the first inquest into Jodey’s death.

The Court found that it was not only desirable for Joy and her family to have an inquest into Jodey’s death at which they could invite a Coroner to make findings about the role of the DWP’s failings in Jodey’s death, but also that the public at large has a “legitimate interest” in this investigation being carried out.

On the specific facts of the case, the Court of Appeal rejected the argument that the DWP owed Jodey a legal obligation to protect her life (within the meaning of Article 2 of the European Convention on Human Rights) under the Human Rights Act.

Jodey took her own life aged 42 on February 21, 2017. She had multiple physical and mental illnesses which left her housebound and entirely reliant on welfare benefits. She died a fortnight after her benefits were terminated because she did not attend a Work Capability Assessment. At the time of the assessment, Jodey was housebound with pneumonia, had been in hospital, and had found out that she had a cyst on the brain.

Since Jodey’s death, her mother, Joy Dove, has fought tirelessly for a second inquest into her death so that the role of the DWP can be examined. The first inquest into Jodey’s death lasted only 37 minutes and the coroner refused to consider the role of the DWP.

In the years since the first inquest, new evidence has come to light, including an investigation into the handling of Jodey’s benefits by the DWP and a report from an independent consultant psychiatrist, who concluded that it is likely Jodey’s mental state would have been substantially affected by the DWP’s failings.

The Court of Appeal judgment notes that it is accepted by the DWP that its failings in Jodey’s case “were extensive, both before and after it stopped her benefits with effect from 7 February 2017.” It went on to explain that the Court’s ruling that the DWP did not owe Jodey a legal obligation under Article 2 is “not to ignore the multiple failings on the part of the Department. The Department accepts that individuals within the Department failed to follow the relevant systems and policies at crucial points.”

The judgment explains that the new evidence which was crucial to the decision to order a new inquest was Dr Turner’s evidence that “Jodey would have experienced shock and distress at the withdrawal of her welfare benefits and that the effect would have been heightened by her current difficulties, her isolation and her pain”. It explains that a new inquest is desirable because it is appropriate for a coroner consider, based on Dr Turner’s evidence, whether it is appropriate to record “any link or connection between the withdrawal of the welfare benefits and her mental state in the period leading up to Jodey’s death”.

It is hoped that a date for the new inquest will be set soon and that the DWP will be made an Interested Person in the inquest. The family hope that the inquest will consider the failings of the DWP, as identified by the independent investigation, and the effects of these failings on Jodey’s mental state, including whether or not the failings more than minimally contributed to Jodey’s death.

Joy Dove said:

“I am so pleased and grateful to the Court of Appeal and I would like to thank the Court of Appeal judges that considered Jodey’s case. We buried Jodey just over six years ago and finally my family and I have the chance of getting justice for Jodey.

“Jodey is never going to be forgotten and her death was not in vain, she’s helping others and her legacy will live on. We have always believed that the DWP wrongly stopping Jodey’s benefits caused her death and the High Court’s refusal caused such disappointment not just for me and my family, but others too who have lost loved ones after DWP mistakes and who continue to fight for accountability from the DWP. This is a victory not just for us but for all those families and others still on the receiving end of awful treatment by the DWP. I hope the DWP learn from their tragic failings.”

Merry Varney, partner at Leigh Day, added:

“Today’s unanimous ruling from the court of appeal means finally Joy and her family have the opportunity for the role of shocking failings by the DWP in the death of much loved Jodey to be publicly investigated, and the Court of Appeal has rightly underlined the importance of this not just to Jodey’s family, but to the wider public.

“Inquests play a vital role in exposing unsafe practices and risks to future lives, and today’s Judgement, rejecting arguments made by the Coroner and overturning the decision of the High Court, makes it abundantly clear that Coroners can and indeed sometimes should be investigating more than the immediate cause of death regardless of whether the right to life is engaged.”

Joy is represented by Jeremy Hyam KC of 1 Crown Office Row and Jesse Nicholls of Matrix Chambers and her case is funded by legal aid.

Timeline

  • In late 2016 the DWP began to reassess Jodey’s entitlement to Employment Support Allowance (ESA). Jodey requested a home visit as she rarely left the house due to her health and she made clear in her reply that she had “suicidal thoughts a lot of the time and could not cope with work or looking for work”.
  • Despite this, the DWP decided that Jodey should attend a work capability assessment in January which Jodey did not attend and on 6 February 2017 the DWP decide to stop the fortnightly ESA payments which Jodey relied on from 17 February.
  • Jodey with the help of her family wrote to the DWP explaining the severity of her health conditions and asking them to reconsider their decision to terminate her ESA, but this did not happen until after her death.
  • Jodey also then received letters to inform her that her housing benefit and council tax benefit would be stopped because they were linked to her ESA.
  • Just three days after her last ESA payment, on the 21 February, Jodey took her own life.
  • On 24 May 2017 an inquest was held into Jodey’s death at Teesside Coroner’s Court.
  • Jodey’s family initially wrote to the Attourney General in January 2020 to seek his permission to apply to the High Court for a second inquest.
  • This was granted and the application to the High Court was submitted in December 2020.
  • In June 2021 the DWP was given permission to have a limited role in making submissions to the court about the second inquest application.
  • In September 2021 the High Court ruled that that the new evidence that had come to light since the first inquest did not require a fresh inquest to be held in the interests of justice.
  • Joy sought permission to appeal that decision on 1 Oct 2021 but this was refused on 11 October 2021
  • An application to the Court of Appeal for permission to appeal was submitted on 2 November 2021 and permission was granted on 5 October 2022
  • On January 31 and February 1 2023 the Court of Appeal heard Joy’s arguments for the appeal.

So: no date for the new inquest – yet. This Site will try to keep you informed.


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Universal Credit isn’t enough to live on – and the DWP is making it more conditional

Research has shown that people can’t afford to live on Universal Credit – and the Department for Work and Pensions is responding by making it harder to hold onto a claim.

The DWP’s policy was recently articulated as ensuring that work always pays more than living on benefits – and this is increasingly a problem for poverty-stricken individuals and families, because wages are being pushed through the floor.

The reason for this is to maximise profits for big firms; if they keep their wage bills down, they can pass more profit to their shareholders.

They don’t care about employees’ ability to pay bills because they make most of their money abroad – or the bill-payers are practical hostages, with no alternative options for the services they are being pushed into poverty to buy.

That’s why this has happened:

Universal Credit payments are well short of the amount needed for people to afford essentials, two of the UK’s most prominent anti-poverty organisations warn.

Joint research… by the Trussell Trust and Joseph Rowntree Foundation found that the standard allowance is £35 too low for a single person and £66 for a couple.

Nine out of 10 people on low incomes are going without essentials, the JRF found.

Researchers estimates a single person needs at least £120 per week, while couples have to have at least £200 a week, just to afford essential items.

You might expect the DWP to change direction. You’d expect wrong.

The latest development from the government department is to make receipt of UC conditional on jumping through even more hoops than people already do.

Individuals working at least 15 hours per week and couples working 24 hours or more between them will be moved from the ‘Light Touch’ group to the ‘Intensive Work Search’ group.

They will have increased scrutiny placed on them to find work and develop a career. It also means they are expected to search for opportunities to take up more or better paid work and research new career options.

Combined with a previous increase in September, this will mean around a quarter of a million more people will have been moved into ‘Intensive Work Search’.

Failure to meet the new conditions will mean sanctions and possible denial of the benefit altogether.

The DWP and its ministers talk up the change as though it’s an opportunity; it isn’t.

It is merely piling more stress onto people whose minds are already overtaxed with simply trying to make ends meet.

Source: Universal Credit ‘at least £35 too low for buying essentials’ government told and DWP issues new rules for people working while receiving Universal Credit – all you need to know</a


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How do ‘community cooking events’ help us cope with rising energy bills?

It’s being reported that the government is putting £842 million more pounds into the Household Support Fund, which is said to help struggling families deal with the cost of living including food and energy costs.

The Department for Work and Pensions (DWP) will be dividing the money among English councils, which must use it to help people pay for energy bills or groceries.

The funding is said to be targeted at areas of the country “with the most vulnerable households” and it is being left up to the councils to decide how to spend it.

What I want to know is…

How is a ‘community cooking event’ or an ‘energy cafe’ – both ideas used by English councils – the best way to divide up this cash? Even voucher schemes and ‘energy saving packs’ spend money redundantly.

Wouldn’t it be better simply to provide the cash to those who need it most, and let them decide how to spend it?

The way this scheme is being (mis)managed, it seems to be an attempt to keep cash away from vulnerable families, rather than helping them.

Source: DWP issues update on new cash for hundreds of thousands to help with rising energy bills


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Is the DWP deliberately disallowing PIP claims by losing or delaying forms?

The problem with fighting the government to protect the vulnerable is that the government can keep attacking relentlessly.

Years ago, I ran a successful campaign that showed that thousands of people had died because the Department for Work and Pensions had denied them sickness benefits for no apparent reason.

It raised awareness that DWP decisions could be wrong and could be challenged, and I hope it saved a few lives.

Now, it seems the DWP has been quietly running a new scam – denying claims for the disability benefit Personal Independence Payment (PIP) by claiming to have lost the forms, or falsely recording that they have arrived after the deadline for returning them has passed:

Up to 42,000 claimants had their Personal Independence Payment (PIP) award stopped in 2021, an increase of almost 300% in just two years. 25,400 claims were disallowed in 2020. The figures were revealed by Tom Pursglove, DWP minister for disabled people, in response to a written parliamentary question.

The figures refer to people who allegedly failed to return their AR1 PIP review form but it is not known whether non-return includes forms that were returned late. It is also not clear how many people challenged the decision that they had failed to return their form on time.

Mr Pursglove’s response shows that the number of claims disallowed each year for non-return of the AR1 review form have increased steadily year on year since 2017, when there were 7,500 claims disallowed.

The DWP has come out with its usual flannel about helping millions of people every year – as though that is some kind of huge achievement and not its job.

It says only a small proportion of claimants are penalised for non-return of forms, as though 67,400 people in two years is a small number and not more people than live in entire towns the size of Taunton or Hereford.

I tend to agree with the website Benefits and Work, which has stated:

The number of claimants allegedly failing to return their forms seems to be far outstripping any rises in awards that had taken place at the time. We know that the DWP’s post handling and call management is dire and getting ever worse. It seems very possible that many disallowed claimants are returning their forms on time, but the DWP is either losing them or taking far too long before recording that they have been received.

“We have no way of knowing how many of the 42,000 claimants appealed or how many simply gave up in despair, even though they knew they had returned their form on time. Other claimants may have failed to return the review form because of the effects of a physical or mental health condition.”

The DWP reckons it ‘watermarks’ files on claimants with serious mental health or cognitive conditions who have difficulty communicating or engaging with the process as Additional Support (AS) – meaning they will be asked to attend a PIP assessment even if they fail to return their form.

And claimants who are identified or deemed as vulnerable – due to their circumstances, not just their condition – are watermarked ‘Additional Customer Support (ACS)’.

But I can’t help remember how Mrs Mike was ‘watermarked’ when she appealed against a decision to put her in the work-related activity group for Employment and Support Allowance. Her file was marked ‘Do Not Contact’, and we knew nothing about it until we were notified that her year on the benefit had expired and she was no longer entitled to it.

As is well-documented in previous articles on this site, I went through the roof and the government department backtracked rapidly. Mrs Mike is now in the support group, where she belongs.

So I have doubts about DWP ‘watermarking’ claims.

As far as lost or delayed forms are concerned, I recommend that anybody claiming benefits from the DWP make a copy of any forms they send, and post the forms using a system that requires a DWP representative to sign for them. This evidence can then be copied from the Royal Mail and used to show exactly when the DWP receives the forms.

Alternatively, if the DWP doesn’t receive the forms, claimants can get in touch, say their forms have been lost by the Royal Mail, and request a new set of forms and an extension to their deadline. The forms can then be duplicated, using the copies of the original that have already been made.

Does that seem fair? Does anybody with experience of the current system have any other ideas?

Source: DWP PIP warning with thousands of benefit claimants having payments stopped – Chronicle Live


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DWP uses secrets and lies to unlawfully snatch back money from claimants | Benefits and Work

The Department for Work and Pensions has lied to at least one claimant about their rights, and kept legal guidance secret, in order to recover an overpayment of more than £8,000 that was due to officials’ own mistakes, according to the website Benefits and Work.

After repeatedly miscalculating the benefit entitlement of a mother of two disabled children, the DWP would have been able to waive recovery of the overpayment – especially as the claimant had two disabled children with autism and ADHD, her role as their carer meant that she could not work longer hours and she was already struggling so badly that she was having to use a foodbank.

But it didn’t.

According to Benefits and Work,

a tribunal agreed that there had been an overpayment, although they also found that the overpayment was solely due to official error and that DWP “repeatedly” miscalculated her entitlement over a prolonged period, in what was a “profound lapse in service”’.

With the help of an advice centre, the claimant asked the DWP in writing to waive recovery of the overpayment, which the DWP has the power to do.

the DWP said that as she had already been to a tribunal there was no further route to pursue the matter.

The claimant wrote yet again, saying:

“What do you mean there is ‘nothing you can do for me?’ Your own guidance says I can ask for a waiver of my overpayment (see paras 5.83-5.85 of your own benefit overpayment recovery guide) and this route was recommended to me by Mrs S Wiggins, the complaints handler who dealt with my UC complaint. All of this was carefully outlined in my waiver letter and the supporting documents I sent with it. As I have asked you to waive my overpayment, as a public body, you have an obligation to consider, and make a decision on it. Neither me nor my caseworker have received such a decision, why is that?”

Astonishingly, the DWP relied with an outright lie:

“Neither myself or anyone working for Universal Credit can reconsider your overpayment as you have exhausted all appeal routes with us. The legislation you have quoted does not apply directly to the processes that we have here.”

The claimant, with the help of the Public Law  Project, launched a judicial review of this decision in the High Court.

One of the findings the judge made was that: “Fortunately, the claimant had the assistance of Public Law Project (‘PLP’), and so she did not accept this manifestly unlawful statement of the position.”

In lay person’s speak, ‘manifestly unlawful statement of the position’ could reasonably be translated as ‘barefaced lie’.

One of the grounds on which the claimant appealed was that the DWP had kept secret its detailed policy on when an overpayment should be waived.

The judge held that the failure of the DWP to publish the Decision Makers Guide to Waiver was unlawful because a claimant would not be able to fully understand the DWP’s policy on waiving overpayments.

The judge found that the DWP’s refusal to waive the overpayment was unlawful and breached the claimant’s legitimate expectations and so the DWP could no longer recover the £8,000 it had wrongly paid.

Here’s the rub: the judge also looked at statistics on overpayments and recovery by the DWP.

She found that from April 1 to March 31, 2021 an astonishing 337,000 Universal Credit claimants were asked to repay overpayments whose cause was error by the DWP.  The total value of those overpayments was £228 million.

Amazingly, the DWP claimed that just 47 claimants asked for their overpayments to be waived in the whole of 2020 and just seven of those requests were granted.

Benefits and Work concluded: “In fact, many thousands may have requested a waiver and been ignored, whilst many thousands more may have had no idea that they even had the right to ask.  Undoubtedly, the test for waiving an overpayment is a hard one to pass, but the DWP have a legal duty to allow claimants to have their request properly considered.

“Instead, the department continues to push struggling claimants even deeper into poverty, with only a very rare court case like this one shining a light on their dishonest and unlawful tactics.”

If you’ve fallen foul of DWP recovery procedures, you may have been treated unfairly. Perhaps it’s time to consider what to do about it?

You can download the full decision from this link.

You can read the chapter on discretion and waiver in the DWP’s Benefit overpayment recovery guide here

Source: DWP uses secrets and lies to unlawfully snatch back money from claimants


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‘Universal Credit Sanctions Back With A Vengence’ – and we know why, don’t we?

The words of Charlotte from The Poor Side of Life speak for themselves:

It was recently announced during a Commons debate in parliament that Universal Credit sanctions (UC) are “back with a vengeance”.

According to the released figures the sanction rates are now 250% higher than they were for the three months before the pandemic.

In layman’s terms it amounts to 2.5% of UC claimants being sanctioned each month which is almost double the amount when compared to 1.4% before the pandemic.

In June 2022 £34 million was taken away from claimants as a result of being sanctioned. This was followed in July 2022 by £34.9 million and then in August taking the total to over £36 million.

This totals … £100 million which has literally been taken from vulnerable claimants that were already struggling to pay for basic necessities.

According to pensions minister Guy Opperman, 98.2 per cent of sanctions are for missing a meeting with a work coach.

Charlotte rightly says this makes no sense, because Universal Credit claimants are generally desperate for their payments; it is a condition of the benefit that it is not paid for at least five weeks after a claim is submitted (a whole calendar month plus seven days).

This means many have to apply for an advance payment – on loan – beforehand, and consequently receive much less than they need to survive, for a long period thereafter.

And then we’re expected to believe that they wilfully miss meetings with the people who control those payments?

It doesn’t ring true, does it?

This Writer has covered a series of cases in which failure to attend meetings was alleged. The claimants themselves said either that they had been given late notice of a meeting, that it was deliberately timed to clash with another appointment (most commonly medical) that they could not miss, or that they simply had not been informed about it at all.

The implication is that the Department for Work and Pensions, which administers Universal Credit, is not to be trusted.

The problem with that is, often claimants either don’t have the financial stability to launch a challenge against an unfair decision, or they simply don’t have the mental or physical energy.

Source: Universal Credit Sanctions Back With A Vengence ‹ The poor side of life ‹ Reader — WordPress.com

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DWP back in court over legacy benefits during Covid – and staff are set to strike

Habitual cruelty: if you thought the Tories stopped persecuting people with long-term illnesses and disabilities during the Covid-19 crisis, think again.

The Department for Work and Pensions has had an easy time of it from the media over the past few years, partly because of the Covid-19 crisis.

And this is surprising because the DWP’s behaviour during that crisis has not covered it in glory.

As many thousands of working people suddenly found themselves claiming Universal Credit in order to make ends meet, they were granted a (temporary) £20-per-week uprating to keep them sweet and make them think UC is a fair benefit for people on low incomes.

People on so-called ‘legacy’ benefits like Employment and Support Allowance didn’t get the uprating.

Some of them grouped together to challenge the deliberate omission in the courts – which dismissed their case last year.

But they were back at the High Court on Wednesday (December 7, 2022) for an appeal. Here‘s The Canary:

If successful, the case could be worth up to £1,500 to every legacy benefit claimant. The court livestreamed the appeal, which you can watch by clicking through to YouTube here.

Claimants have been forced to take the DWP to court numerous times in recent years. Invariably, these cases have seen people fighting for their basic rights.

The Canary has witnessed first hand in recent years chronically ill and disabled people, and non-working social security claimants, having to fight the DWP – the government department charged with allegedly supporting their welfare. It’s perverse that they have to battle the department for their fundamental rights in the first place. However, this is indicative of a system where their treatment as second-class citizens is entrenched.

Meanwhile, members of the PCS Union who work at the DWP are striking from December 19-31 – because they want more pay. The irony is striking.

That being said, it would be wrong to suggest that working people should not be paid enough to make ends meet. If they don’t have that, they should be awarded it. That should go without saying but in a Tory-run UK we can’t count on it any more.

This Writer only wishes that those DWP employees would have the presence of mind to realise that it is hypocritical to complain about having too little to survive after having denied it to people with long-term illnesses and disabilities for so many years.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


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DWP Hide Details Of Forced Transition To Universal Credit Pilot From MPs | The poor side of life

Once again the Department for Work and Pensions has been caught hiding information – this time not just from the public but from MPs as well.

Here’s The Poor Side of Life:

The DWP (Department of Work and Pensions) have once again been found to have covered up data from a forced transition pilot which took place in Harrogate.

Not only have they tried to hide this information from the public they’ve also hidden the details from MPs.

There is evidence of the DWP covering up not only the details of the forced pilot which took place in Harrogate, but also details of their incompetence.

This relates to the forced transition from legacy benefits to UC (Universal Credit). The social security advisory committee (SSAC) has been reported saying to MPs that there is a need for external scrutiny of the worrying process this month.

Steve McCabe MP for Birmingham Selly Oak has disclosed that copies of the Harrogate forced transition pilot report on the Harrogate pilot have been placed in the House of Commons library, after being entirely redacted with the exception of the words ‘Moved to Universal Credit’ and ‘User research’.

The total redaction tells us one thing, the DWP doesn’t want to let MPs know the details of the pilot and what happened. It goes without saying that they don’t want the public to know these details either.

Steve McCabe also gave details concerning a constituent who was left in a very bad both physically and mentally leaving the constituent in distress. The DWP reported that she failed to respond correctly to a migration notice despite already being told that she didn’t have a computer at home.

He went on to say that she attempted to phone the DWP but could’nt find anyone to speak to. She also sent a letter by recorded delivery at her expense which the department ‘thought’ that they didn’t receive it. This left her without any payments for many weeks.

Charlotte Pickles, a member of SSAC (Social Security Advisory Committee), told MPs that the SSAC believed that some kind of external scrutiny of the ‘scary’ migration process is needed which will then supposedly give people forced to transition confidence that the process will be fair.

She went on to say, “We are all very aware that for some groups, in particular, UC is quite a scary proposition. If you are sitting on a legacy benefit or you are a tax credit claimant, you possibly, likely, in certain groups, are very nervous and possibly reluctant to make that move to UC.”

After all who can blame them. The DWP are concealing important details not only from MPs but the public as well. The evidence from the Harrogate trial should be provided in an open and transparent way and any failings dealt with before expanding forced migration to Universal Credit.

Concealing evidence such as this will result in a failure of responsibility from the DWP and will undoubtably result in suffering and distress for those forced to move to Universal Credit.

At the time of writing the DWP are still hiding these details.

Source: DWP Hide Details Of Forced Transition To Universal Credit Pilot From MPs – The poor side of life

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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