There’s new devilry afoot from the Department for Work and Pensions, as lawyers Leigh Day report:
A severely disabled man faces losing his lifeline Motability car in the latest blow he has suffered as a result of the enforcement of a benefits rule that he has just received permission to challenge in the courts.
Cameron Mitchell, aged 20, of Carlisle, has to return his Motability car by Thursday, 3 March despite the fact that he is wholly dependent on it for transport between his home, where he lives three days a week, and hospital where he stays for the rest of the week.
Cameron, through his mother and Deputy, Nicola Clulow, is challenging benefits regulations which put on hold Cameron’s Personal Independence Payments (PIP) and Nicola’s Carer’s Allowance after he spent 28 days in hospital, even though he continued to require his parents’ care whilst in hospital.
This week Cameron was granted permission to go ahead with his judicial review of Regulations 29 and 30 of the Social Security (Personal Independence Payment) Regulations 2013 which he argues are discriminatory and irrational. Cameron’s legal arguments will be presented in a High Court hearing later this year after the court agreed that his claim was ‘arguable’.
However, in the months since the legal challenge was launched, Cameron and Nicola have been struggling to deal with the consequences of the enforcement of the rule, the latest of which means the loss of the Motability car.
In December 2021, Cameron’s mum received letters asking her to repay overpayments of PIP and her Carer’s Allowance that the Department of Work and Pensions (DWP) had made while Cameron was in hospital from December 2020.
Leigh Day solicitor Carolin Ott wrote to the DWP asking them not to cut Cameron’s benefit package or claw back any overpayment until a decision had been made by the courts about his legal challenge to the 28-day rule and in response the DWP agreed to stop clawing back overpayments for at least six months.
However, the mobility element of Cameron’s PIP that had been paid to Motability for the car while Cameron was in hospital was still clawed back from Motability in late 2021 (even though the car was needed by his parents to continue caring for him while he was in hospital and later in hospice care). Motability say that without payment, the vehicle needs to now be returned.
Leigh Day has written to the Secretary of State for Work and Pension’s lawyers again asking for the matter to be resolved urgently and has also written to Motability asking for an extension to allow the issue to be resolved by the DWP.
Nicola is deeply distressed by the prospect of losing the vehicle and can’t see how Cameron would be able to spend any time at home if the vehicle is taken away. Cameron has benefited from being able to receive care at home which is an important part of the transition to his full-time home care package. The loss of the Motability car would have a serious, detrimental impact on him and his family.
In his judicial review challenge of the lawfulness of the suspension of PIP and his mum’s Carer’s Allowance during his extended hospital stay, Cameron is arguing that the ‘hospitalisation rule’ breaches his rights because it directly discriminates against him (a person with profound and multiple learning disabilities (PMLD) requiring hospitalisation for a period of more than 28 days) as compared to those with PMLD who are hospitalised for less than 28 days.
He is also arguing that the ‘hospitalisation rule’ indirectly discriminates against those who have PMLD or treats those with PMLD the same as others when it should be treating them differently in recognition of their disability-related needs (which mean that they require care from ‘known carers’, people who know them and their needs whilst they are in hospital). He also argues that the rule is irrational because it cuts across the purpose of PIP.
Nicola Clulow said: “Cameron has been stuck living in intensive care first in Newcastle, then in Carlisle for almost 15 months now. Not because he’s ill but due to problems and delays in providing a home care package that can meet his complex special needs.
“He’s 20 years old and has had to spend days and nights for months watching very sick people who often don’t survive and despite his lack of communication it’s clear to everyone that he was switching off from the world, was depressed and just had no interest in life.
“Contact with the outside world and the ability to go home to be with family are crucial for him. To go out, and especially to go home Cameron requires a great deal of equipment to go with him and this would be impossible without his Motability car.
“Having been called on 21st February 2022 by Motability to say his vehicle must be returned on Thursday 3rd March was one of the most difficult and upsetting situations we have faced because it means that Cameron will once again have to simply stay looking at the four walls of the Intensive Care unit and not get home.”
Leigh Day solicitor Carolin Ott said: “We are very pleased that the court has granted our client permission for a judicial review of the hospitalisation rule which has suspended his PIP and his mother’s Carer’s Allowance, but are deeply concerned by the detrimental impact of the enforcement of the rule whilst Cameron awaits his day in court.
“Cameron is a young man with profound and multiple learning disabilities (PMLD) and like many others with PMLD is dependent on input from his known carers. In circumstances where the NHS alone can’t cover his care needs, his PIP should have never been suspended in the first place. The detrimental impact of that suspension, which on top of causing loss of income and stress is now also causing his family to lose his Motability car, is ongoing and we hope that it will be urgently addressed.”
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It was supposed to be an aid to help disabled people live normal, productive lives – but the trouble with giving people schemes like Motability is they can all-too-easily be taken away.
And that is what the Conservative government has been doing. The latest figure from the Motability Scheme itself shows that 102,000 people have lost their entitlement to a specially-adapted vehicle.
The method the Tories are using to take away this vital lifeline is simple: transfer their benefit claim from Disability Living Allowance to Personal Independence Payment.
And I’ve been reporting it for years.
You see, the Tories toughened the eligibility regime for disability benefit when they introduced PIP and used it to replace DLA.
In 2015, I reported that they were stripping Motability cars from 200 people every week.
So, for example, a teenager called Olivia – who lost a leg to cancer – was told she was not disabled enough for a Motability car. The DWP said she could keep it until a certain date – then reneged on the agreement, leaving her with days to raise £4,900 to buy the vehicle.
As I stated at the time, that’s a tall order for a girl who’s still at sixth form.
By 2016, 14,000 disabled people had lost their cars, based on figures provided to the BBC by Motability. But then-minister for disabled people Justin Tomlinson claimed he did not have that figure when asked a direct question in Parliament.
Was he misleading Parliament?
Later in 2016, his successor Penny Mordaunt misled Parliament on the effect of PIP on Motability users. She claimed that, compared to DLA, “more people are entitled to use the Motability scheme”.
In fact, of customers who had been reassessed for PIP, 44 per cent had lost their entitlement.
By 2018, 75,000 disabled people had been forced to return their Motability cars by an uncaring Tory government – although then-Work and Pensions secretary Esther McVey was caught misleading Parliament about it by Lord Stirling, who co-founded Motability in 1977.
And now the total is 102,000 – and likely to go higher still before reassessments for PIP are concluded in March this year.
The loss of the vehicles means the Tories have denied these people the ability to travel to work and access leisure and other independent living opportunities.
It means they are likely to be condemned to a life staring at the four walls of their home – until the Tories find an excuse to cut off whatever remaining benefits are left to them.
And you’ll spit when you find out the reason used to take away the ability of these people to travel anywhere.
It was a change in the rules that means you lose the higher mobility rate if you can walk further than 20m. Under DLA, it was 50m.
That’s right – think about it.
The Tories took from 102,000 people the ability to travel anywhere, because those people were able to walk up to 30m further than they allowed.
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Kori: This eight-year-old boy had a heart transplant last year, but his body is rejecting it. The Tory-run DWP doesn’t care, though. It has cancelled his disability benefit and left him to fend for himself.
Say hi to Kori.
Kori is eight years old. Last year he had a heart transplant – but it wasn’t a wonderful success.
His body is rejecting the new heart and he is fighting for his life in hospital.
And what have the Tories done?
They have cancelled Kori’s claim for Disability Living Allowance and his family’s Motability car.
Their reason: Kori is “as fit as any other child his age”.
Take a look at the photograph. Do you think that’s accurate?
Friends of Kori and his family have launched a crowdfunding page to help them cope with the loss of their means of support.
You can contribute to it by visiting this website.
Please do – you can be sure the Tories won’t want to help at all.
They won’t care what happens to Kori – despite the fact that they have a duty of care towards him.
They’re too busy planning new tax breaks for their rich friends – if we’re stupid enough to elect them again.
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So Motability’s “£2.4 billion cash stockpile” is in fact nothing of the sort.
The money is needed to buy cars for people with disabilities and to protect it against business risks. That seems much more realistic than the far-right rag’s claims.
There does remain the matter of chief exec Mike Betts’s £1.7 million annual salary, which does seem exorbitant.
But an organisation’s remuneration schemes are its own business, and it seems entirely unfair of the Mail to complain about one executive being paid £1.7 million when others, such as bankers, take home far more while producing far less.
In a statement issued this afternoon, Motability Operations said: ‘The Daily Mail claims there is a £2.4 bn ‘cash stockpile’ or ‘spare £2.4bn’.
‘It’s quite clear to us that the Daily Mail has totally misunderstood what this £2.4 billion of reserves represents. It is not held as cash but is used to buy cars for disabled people. This reduces the amount of borrowing required.
‘It also underpins the scheme’s financial stability, protecting it from the business risks it faces, particularly in relation to used car values. The Charity Commission has today stated “that we consider the level of operating capital held by the company in order to guarantee the scheme to be conservative”.’
Moving on to the issue of the salary paid to Mike Betts, the charity said: ‘The remuneration of Motability operations directors is decided by the Motability operations board, based on the advice of their remuneration committee.
‘Remuneration is reviewed against the market to ensure that it is both competitive over the long term, and to ensure that any rewards are related to performance especially in relation to the quality of service provided to customers.’
It added: ‘The current chief executive of Motability Operations, Mike Betts, has been in place since 2003 and has been instrumental in ensuring the company is able to operate successfully and effectively.’
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According to all the reports This Writer has seen, the government’s changes to Personal Independence Payment criteria mean thousands upon thousands of people have been losing the Motability cars that allowed them their valuable freedom.
So how is it that Motability’s chief executive is supposed to be pocketing such a vast amount of money every year?
It doesn’t make sense. The organisation should be contracting.
Can anybody shine a light on the reasons for this apparent contradiction?
A company providing taxpayer-funded cars for the disabled is hoarding £2.4 billion – and paying its boss £1.7 million a year.
The cash ‘surplus’ has been run up by Motability, a charitable scheme run by chief executive Mike Betts. Thanks to bonuses, incentives and pension payments, he pocketed 11 times as much as the Prime Minister in 2017, a Daily Mail investigation reveals.
The firm offers a fleet of vehicles to wheelchair users and others in return for part of their State disability allowance.
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“This particular Secretary of State, along with his Department, is pushing people through [the] cracks and hoping that the rest of the country will not notice that they have disappeared.” – Glenda Jackson MP, June 30, 2014.
If the man this blog likes to call RTU (Returned To Unit) thought he would be able to show that his behaviour had improved, he was sorely mistaken – as the comment above illustrates.
It is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.
But we were discussing the debate as a trial. Let us first look at the evidence in favour of the government.
There. That was illuminating, wasn’t it?
Seriously, the government benches were unable to put up a single supportable point against the mountain of evidence put forward by Labour.
Iain Duncan Smith, the Secretary-in-a-State, resorted yet again to his favourite tactic – and one for which he should have been sacked as an MP long ago – lying to Parliament. He accused Labour of leaving behind a “shambles” – in fact the economy had begun to improve under intelligent guidance from Alistair Darling. “The economy was at breaking point,” he said – in fact the British economy cannot break; it simply doesn’t work that way. His claim that “We were burdened with the largest deficit in peacetime history” is only supportable in money terms, and then only because inflation means the pound is worth so much less than it was in, say, the 1940s – or for the entire century between 1750 and 1850. He called yesterday’s debate “a cynical nugget of short-term policy to put to the unions,” but the evidence below renders that completely irrelevant.
He said complaints about long delivery times for benefits were “out of date” – a common excuse. He’ll do the same in a few months, when the same complaint is raised again.
“Universal Credit is rolling out to the timescale I set last year,” he insisted – but we all know that it has been ‘reset’ (whatever that means) by the government’s Major Projects Authority.
He said there had been four independent reviews of the work capability assessment for Employment and Support Allowance, with more than 50 recommendations by Sir Malcolm Harrington accepted by the government. This was a lie. We know that almost two-thirds of the 25 recommendations he made in his first review were not fully or successfully implemented.
He said appeals against ESA decisions “are down by just under 90 per cent” – but we know that this is because of the government’s unfair and prejudicial mandatory reconsideration scheme – and that the DWP was bringing in a new provider to carry out work capability assessments. Then he had to admit that this provider has not yet been chosen! And the backlog of claims mounts up.
He tried to justify his hugely expensive botched IT schemes by pointing at a Labour scheme for the Child Support Agency that wasted hundreds of millions less than his Universal Credit, without acknowledging the obvious flaw in his argument: If he knew about this mistake, why is he repeating it?
Conservative Mark Harper said Labour opposed the Tories’ most popular scheme – the benefit cap. That was a lie. Labour supported the cap, but would have set it at a higher level. We know that the Coalition government could not do this because it would not, then, have made the huge savings they predicted.
Now, the evidence against.
First up is Rachel Reeves, shadow secretary of state for work and pensions: “After £612 million being spent, including £131 million written off or ‘written down’, the introduction of Universal Credit is now years behind schedule with no clear plan for how, when, or whether full implementation will be achievable or represent value for money.
“Over 700,000 people are still waiting for a Work Capability Assessment, and… projected spending on Employment and Support Allowance has risen by £800 million since December… The Government [is] still not able to tell us which provider will replace Atos.
“Personal Independence Payment delays have created uncertainty, stress and financial costs for disabled people and additional budgetary pressures for Government… Desperate people, many of whom have been working and paying into the system for years or decades and are now struck by disability or illness, waiting six months or more for help from the Department for Work and Pensions.
“The Work Programme has failed to meet its targets, the unfair bedroom tax risks costing more than it saves, and other DWP programmes are performing poorly or in disarray.
“Spending on housing benefit for people who are in work has gone up by more than 60 per cent, reflecting the fact that more people are in low-paid or insecure work and are unable to make ends meet, even though they may be working all the hours God sends.
“More than five million people — 20 per cent of the workforce — are paid less than the living wage. Furthermore, 1.5 million people are on zero-hours contracts and 1.4 million people are working part time who want to work full time.
“This… is about the young woman diagnosed with a life-limiting illness who has waited six months for any help with her living costs. It is about the disabled man whose payments have been stopped because he did not attend an interview to which he was never invited.
“The Government are wasting more and more taxpayers’ money on poorly planned and disastrously managed projects, and are allowing in-work benefits to spiral because of their failure to tackle the low pay and insecurity that are adding billions of pounds to the benefits bill.
“The Government are careless with the contributions that people make to the system, callous about the consequences of their incompetence for the most vulnerable, and too arrogant to admit mistakes and engage seriously with the task of sorting out their own mess.
“What this Government have now totally failed to do is to remember the human impact, often on people in vulnerable circumstances, of this catalogue of chaos. Behind the bureaucratic language and spreadsheets showing backlogs and overspends are people in need who are being let down and mistreated, and taxpayers who can ill afford the mismanagement and waste of their money.
“To fail to deliver on one policy might be considered unfortunate; to miss one’s targets on two has to be judged careless; but to make such a complete mess of every single initiative the Secretary of State has attempted requires a special gift. It is something like a Midas touch: everything he touches turns into a total shambles.
“Meanwhile, the Secretary of State will spew out dodgy statistics, rant and rave about Labour’s record, say “on time and on budget” until he is blue in the face and, in typical Tory style, blame the staff for everything that goes wrong.”
Julie Hilling (Labour) provides this: “The Government do not know what they are talking about… They talk about the number of jobs being created, but they do not know how many of them are on zero-hours contracts or how many are on Government schemes or how many have been transferred from the public sector.”
Stephen Doughty (Labour/Co-op): “another stark indictment of their policies is the massive increase in food banks across this country.”
Helen Jones (Labour): “When I asked how many people in my constituency had been waiting more than six months or three months for medical assessments for personal independence payment, the Government told me that the figures were not available. In other words, they are not only incompetent; they do not know how incompetent they are!”
Sheila Gilmore (Labour): “Although the problems with Atos were known about—and it is now being suggested that they had been known about for some time—a contract was given to that organisation for PIP. Was due diligence carried out before the new contract was issued?”
Gordon Marsden (Labour): “Many of my constituents have been caught by the double whammy of delays involving, first, the disability living allowance and now PIP. They have waited long periods for a resolution, but because a decision is being reconsidered, their Motability — the lifeline that has enabled them to get out of their homes — has been taken away before that decision has been made. Is that not a horrendous indictment of the Government?”
Emily Thornberry (Labour): “I have been making freedom of information requests.. in relation to mandatory reconsiderations. When people get their work capability assessment, and it has failed, before they can appeal there has to be a mandatory reconsideration. The Department does not know how many cases have been overturned, how many claimants have been left without any money and how long the longest period is for reconsideration. It cannot answer a single one of those questions under a freedom of information request.”
Natascha Engel (Labour): “The welfare state is designed as a safety net to catch people who absolutely cannot help themselves… That safety net is being withdrawn under this government, which is certainly pushing some of my constituents into destitution.”
There was much more, including the devastating speech by Glenda Jackson, partly in response to Natascha Engels’ comments, that is reproduced in the video clip above.
The vote – for the House of Commons to recognise that the DWP was in chaos and disarray – was lost (of course). A government with a majority will never lose such a vote.
But once again, the debate was won by the opposition. They had all the facts; all the government had were lies and fantasies.
By now, one suspects we all know somebody who has died as a result of Coalition government polices on welfare (or, preferably, social security). Two such deaths have been reported in the Comment columns of Vox Political since the weekend, and it is only Tuesday.
That is why it is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.
Share it with your friends, use parts of it in letters to your local papers or radio stations, even mentioning it in conversation will help if the other person isn’t aware of the facts.
Don’t let it be suppressed.
You don’t want to do Iain Duncan Smith’s work for him, do you?
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The second – Health Warning: Government! is now available
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Following the bogus Work Capability Assessment (WCA) conducted by Atos Healthcare, as contracted by the Department for Work and Pensions (DWP), the United Kingdom (UK) Government admitted that it was wrong to cut the disability benefits of Mark Wood, the vulnerable disabled man who starved to death following the removal of his benefits, in the 21st century UK, when weighing only 5st 8lbs.
Despite the fact that the WCA was introduced by the Labour Government in 2008, it was originally designed by previous Conservative Governments, in consultation with the notorious American corporate giant now known as Unum Insurance, identified in 2008 by the American Association for Justice as the second most discredited insurance company in America.
Without a welfare state, sick and disabled people in America are required to use private healthcare insurance. The tyranny now imposed on the sick and disabled people in the UK, using the WCA, was designed in consultation with Unum Insurance to oblige the general public to purchase private income protection insurance policies once it was made very clear that chronically sick and disabled people could no longer rely on the British State for adequate financial support.
Americans often suffer when attempting to claim from the income protection insurance policies of Unum Insurance, who use an identical bogus disability ‘assessment’ model as that used by Atos Healthcare.
Due to the similarities of the negative and damaging experiences of claimants, American sick and disabled people are periodically informed about the struggle in the UK by the high calibre and relentless work of Linda Nee, who tries to encourage claimants to publicly protest as witnessed in the UK, which it seems disabled Americans still don’t dare to do – such is the intimidation of Unum Insurance & the American authorities (see here, here and here).
The new report by The Mental Health Welfare Commission for Scotland, regarding a woman’s suicide after being ‘stripped of disability benefits’, was reported by John Pring at the Disability News Service (DNS) and by many others. The Coalition Government knew this carnage would happen.
Three years ago a list of distinguished academics, together with politicians and disability support groups, identified the future in a letter as published in The Guardian newspaper: ‘Welfare reform bill will punish disabled people and the poor.’ Now, three years after this letter was published, questions are being asked as to why the appointed and totally unsuitable Lord Freud, in his capacity as the Minister for Welfare Reform – who was not elected by anyone in the usual democratic way – deemed it necessary for the DWP to stop collating the numbers of deaths recorded after the long-term sickness and disability benefit, Incapacity Benefit, now changed to the Employment Support Allowance (ESA), is removed from claimants. (My emphasis.MS)
Questions are also being asked as to why this unelected former City banker was ever afforded so much authority and power in the UK Government given his reputation, where one commentator described Freud as: ‘…one of the key players in several of the most embarrassing and badly managed deals in investment banking history.’ (See here and here)(My emphasis. MS)
The recent welfare Backbench Business debate in the House of Commons (HOC) was granted due to the 104,000 signatures on the WOW petition, as gathered by disabled people and their carers, who are demanding a cumulative impact assessment of all the welfare reforms. The debate was held on February 27, 2014 where, lamentably, most Coalition Government Members of Parliament (MPs) failed to attend this very important and historic debate. Of course, Coalition MPs still played the ‘blame game’, reminding the opposition that the previous Labour Government had introduced the Work Capability Assessment (WCA).
However, the Coalition routinely overlook the fact that they knowingly changed the WCA into the government-funded nightmare that it is today, whilst MPs such as George Hollingbury (Column 430) actually claimed that the Coalition “took it forward”… (Welfare Reform Act 2012) whilst disregarding the fact that a WCA face-to-face assessment with Atos Healthcare is taking over six months to arrange. (Column 433) (My emphasis.MS)
Hollingbury waxes lyrically about all the ‘expert’ opinion (Column 431) that totally failed to expose the dangerous and limited reality of the WCA, not least due to the restricted possible answers in the tick box WCA computer questionnaire, as conducted by Atos Healthcare, that fail to offer the choice of ‘none of the above’ as an additional possible answer when the WCA questions do not refer to a particular claimant’s situation.
Hollingbury quotes Dr Litchfield’s WCA review whilst overlooking the fact that Professor Harrington, who conducted the first three annual reviews into the WCA, when no longer responsible, appeared in a BBC Panorama documentary and confirmed that ‘…people will suffer.’ No government representative can answer the subsequent obvious simple question – why should chronically sick and disabled people ‘suffer’ in the UK, apart from at the whim of a tyrannical government? (My emphasis.MS)
During the historic WOW petition debate, Alan Reid (Column 434 & 435) claims to be proud of his record in government as a Liberal Democrat (Lib Dem), still claiming that Lib Dems in government have been responsible for ‘improving’ the WCA process, whilst totally disregarding the fact that it is irrelevant how much more ‘flexibility’ is given to the DWP ‘Decision Makers’ and overlooking the fact that the ‘Decision Makers’, by their own admission, are totally unqualified for the vast responsibility they have. (My emphasis.MS)
They are basic grade administrators, not medical administrators, and they are incapable of comprehending diagnosis, prognosis or the implications of long term drug use when using a combination of prescribed drugs. (See here and here) More and more DWP bureaucracy with more and more administration means more and more delays, increasing DWP errors and utter chaos with a system clearly in meltdown as more and more victims of this UK government suffer and die. (See here and here) (My emphasis.MS)
Guto Bebb (Column 442) demonstrated that he is very poorly briefed, and doesn’t appear to want to be better informed, claiming that the damning report by the National Audit Office was ‘disappointing’ but insisted that the policy aims were OK. Bebb still seems to think that any sick or disabled person not in paid employment is ‘unproductive’. This disabled researcher begs to differ and, if the MP reads the very detailed published reports (here and here) as accessed by academics at universities throughout the UK, he’d know how incorrect he is.
Dame Angela Watkinson (Column 445) also appears to be remarkably poorly informed, as were various other speakers in this poorly attended yet important debate, who continued to repeat government rhetoric whilst disregarding the detailed evidence that has exposed the realities behind the ‘reforms’ as paving the way for private insurance to replace the once-hallowed UK Welfare State.
Since being introduced by the Conservative Government in 1992, all UK Governments have used the second worst insurance company in America as “government advisers” on welfare reforms, and the dangerous and totally discredited WCA is the result. (See here and here)
Jim Sheridan’s comments (Columns 448,449) were especially welcome during the debate when making reference to the new Personal Independence Payment (PIP) that has replaced DLA: “Reference has already been made to the obsession with people receiving welfare benefits, but for those with money – the tax avoiders and evaders – life goes on as normal. If only a fraction of the resources used and the time spent on chasing down those on welfare benefits was diverted to tackle tax avoidance and evasion, some people might understand the rationale behind it.”… “When people finally hear about their assessments, there is not much hope. Only 15.4 per cent of new claims have received a decision, and only 12,654 of the 220,300 people who have made a new claim since April 2013 have been awarded some rate of PIP. A constituent of mine got in touch because her father had been diagnosed with lung cancer. Because there is a possibility that his treatment will work, giving him a life expectancy of up to five years, he has not been classed as terminally ill. He is not well enough to attend a medical assessment and so will have to wait longer for a home visit. It appears that letters from his GP, cancer doctor and cancer hospital are not enough to prove the seriousness of his illness.”… “Inclusion Scotland has highlighted the case of the father of an applicant who was told that they would have to wait at least 10 months for any kind of decision, and perhaps even for a first assessment. A constituent of mine who is undergoing cancer treatment has been told that the eight-week time frame given by DWP is an unrealistic amount of time in which to process an application and offer an assessment slot. When my staff called the MP’s hotline, they were told that they simply cannot process the number of applicants as there is not enough staff. They also say that most people who have applied for PIP will not be entitled to it, even before individual cases have been looked at. If that is the mindset of the staff processing the applications, it is hard to see how balanced decisions will be made.” (My emphasis. MS)
Dr Eilidh Whiteford’s comments during the debate were also very welcome (Columns 450 & 451) and highlighted the vital work of the disability support groups such as the Black Triangle Campaign: “The Government are looking at this through the wrong end of the telescope. Raising the bar on eligibility will not make anyone any less sick or any less disabled; it will just make it more difficult for them to function in society and place more pressure on those on whom they rely for their care and support”…. “One of the most profoundly disheartening experiences for me as an MP since being elected in 2010 has been the relentless way in which disabled and sick people have been vilified and stigmatised in the public discourse about welfare reform. Those who had very little responsibility for the financial collapse and subsequent economic problems have nevertheless had to carry the can. The attempt to discredit disabled people in order to justify harsh and punitive cuts in their already fairly paltry incomes is quite shameful. It appals me that the most disadvantaged have been asked to pick up the tab disproportionately for the profligacy of others. As we look to the future, we see further cuts of £12 billion, at least, promised in the years ahead. For disabled people in Scotland, the choice between two very different futures is opening up before them: one with decisions on welfare made in Scotland or one where further cuts slash their incomes even more. That choice must seem very stark indeed.” (My emphasis. MS)
The very experienced Labour MP, John McDonnell, who requested this Backbench Business debate, actually confirmed the involvement of Unum Insurance with the entirely bogus WCA (Column 426): “The work capability assessment was flawed from the start. It stemmed from the work of the American insurance company Unum, and the so-called biopsychosocial model of disability assessment. That was exposed as an invention by the insurance companies simply to avoid paying out for claims.” … “The staff employed in order to achieve that often had minimal medical or professional qualifications, and their expertise or experience was often totally unrelated to the condition or disability of the people they assessed.”… “Assessments largely disregarded people’s previous diagnosis, prognosis or even life expectancy. The recent Panorama programme Disabled or Faking It? exposed the scandal of seriously ill patients—people diagnosed with life-threatening conditions such as heart failure or endstage emphysema—being found fit for work. The so-called descriptors, or criteria, on which assessments are based bear no relation to the potential employment available, take little account of fluctuating conditions and are particularly unresponsive to appreciating someone’s mental health issues.” John also identified the utter absurdity of this Government, introducing yet another bogus assessment as the Personal Independence Payment (PIP) that will ‘replace’ DLA although it is likely to remove this additional support from the vast majority of the 3.5 million people in receipt of DLA.
Shockingly, the provision of a Motability long leased vehicle, as funded by the mobility component of the DLA, will now be removed from the majority of chronically disabled people who do work; thus actually preventing them from going to their place of work since they are physically unable to use public transport, which will dramatically and knowingly increase the numbers of disabled people not in paid employment. (Column 428) (My emphasis.MS)
No matter how many unnecessary tragedies are reported, or how many people die in utter despair and destitution, Conservative MPs like George Hollingbury will dismiss them all as ‘questionable’ results….and Alan Reid, for the Lib Dems, still actually claims to have had some positive function in a Government that helped sick and disabled people, whilst disregarding the horrors, the deaths, the suicides and the overwhelming evidence; including distinguished academic papers from UK universities, together with detailed reports by both the British Medical Association and the Royal College of Nurses. Reid accepts no responsibility for the nightmare he helped to create, blaming anyone except the Government he belongs to. He needs to read the detailed, referenced research to help him learn what the disability movement already know. As he talks nonsense, people die.
Reid complains about Atos whilst ignoring the fact that the DWP is complicit. Totally unqualified DWP ‘Decision Makers’, under any UK Government, are dangerous as they aren’t qualified; they can’t comprehend diagnosis or prognosis and hence they are a liability and constantly make incorrect decisions. Their decisions to remove benefits from genuine claimants are killing the innocent victims of this UK State tyranny. Their countless wrong decisions mean that people die, encouraged by this enthusiastic and very dangerous UK Government, who sit back and watch as the majority of people blame Atos Healthcare who are simply following the DWP contract by using the bogus Lima computer assessment to conduct the WCA, as required by the DWP. (My emphasis.MS)
Atos Healthcare doesn’t remove anyone’s benefits – a constant incorrect claim by many – as they don’t have the authority. All Atos staff can do is to decide if someone is ‘fit for work’ based on the results of a bogus imported computer assessment. Any other company in the same position would result in the same conclusions as that is how the computer software in designed, which is why the Lima software should be banished and this particular WCA cancelled. (My emphasis.MS)
By definition, DWP ‘Decision Makers’ actually make the decisions about welfare benefits. These totally unqualified administrators are required to consider all additional evidence provided by the claimant; including detailed letters from Consultants and GPs who know their patients very well. It is the incompetence of the unqualified DWP Decision Makers, who fail to comprehend the details of medical information and choose to accept any decision following the WCA, as conducted by Atos Healthcare, that makes these DWP staff so very dangerous to the most vulnerable people in the UK. Mandatory reconsiderations won’t help if the Decision Makers remain unqualified for the job. What better way is there to remove as many people as possible from welfare benefits than to employ totally unqualified staff to make these vital decisions? (My emphasis.MS)
Identified claimant suffering includes dramatic increases in the onset of mental health problems. The General Practice (GP) service is close to collapse due to overwhelming numbers of patients needing support with DWP paperwork, that limits GP time spent with other patients who are ill and the British Medical Association (BMA) and the Royal College of Nurses (RCN) have both exposed the WCA as causing ‘preventable harm’ (as we have already seen). Yet this dangerous UK Government, with a Cabinet full of millionaires who fail to comprehend need, dismisses all other evidence regardless of source. They disregard the obvious fact that the ‘reforms’ are falling disproportionately onto chronically disabled people, and those who are very ill and in need of guaranteed long-term welfare benefits, as the Government sells the UK and transforms a once-great nation into UK plc. (My emphasis.MS)
In a now-infamous 2008 interview, Lord Freud claimed that he ‘couldn’t believe’ that anyone had been awarded a benefit ‘for life’, demonstrating the immense danger of permitting a former investment banker to have control of welfare spending when he fails to comprehend that many health conditions are permanent and do indeed last a lifetime. Meanwhile, the Public Accounts Committee’s report of February 2013 regarding the DWP’s contract management of medical services was unlimited in its criticisms of the DWP: ‘Poor decision-making causes claimants considerable distress, and the position appears to be getting worse, with Citizens Advice reporting an 83 per cent increase in the number of people asking for support on appeals in the last year alone. We found the Department to be unduly complacent about the number of decisions upheld by the tribunal and believe that the Department should ensure that its processes are delivering accurate decision-making and minimizing distress to claimants.‘ (My emphasis. MS)
There were many powerful speeches in the historic WOW petition debate and it isn’t possible to highlight them all. However, one name in particular should be highlighted for the courage to expose the fact that, if a link could be proven, “…there would be a case for corporate manslaughter.” (Column 460) (My emphasis.MS)
I salute Caroline Lucas MP of the Green Party for her courage and, in particular, for her condemnation of the official opposition for their total failure to offer detailed, significant support to this nation’s chronically sick and disabled people, with the new Shadow Secretary for Work and Pensions, Rachel Reeves MP, using her first interview to announce that she ‘…would be tougher on people on benefits’. (My emphasis.MS)
What a catastrophic announcement from the Shadow Secretary for Work and Pensions that, effectively, offers this nation’s most vulnerable people no hope if the Labour Party were to win the next General Election in 2015.
Given the recent announcement by the largest trade union UNITE, who have threatened to withdraw financial support for the Labour Party due to their abject failure to identify with the working people of this country, there seems little chance of a Labour Government in the UK any time soon. Any future Conservative or Coalition Government will continue to kill many more innocent victims in this state-sanctioned slaughter, which remains the ultimate Thatcher Legacy as interpreted by her devoted disciple – David Cameron.
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