Tag Archives: payment

Cost of living support schemes are to end soon. Will you lose out?

Work Capability Assessment to be scrapped for benefit claimants. But what will replace it?

Uncannily accurate: The Conservative government’s genuine policy towards PIP claimants may as well have been as it appears in this cartoon from 2017. But what will replace the assessment system it satirises?

I should be pleased.

This Site has campaigned against the Work Capability Assessment for sickness and disability benefits, practically since I started publishing it at the end of 2011.

In my opinion, it has been misused, as a tool to force people who are too ill to work onto job-seeking benefits that carry sanctions if a claimant fails to carry out particular tasks – tasks which the long-term sick and disabled are often clearly incapable of doing.

In many cases, the results have been fatal. I know this because it took me two years to force the Department for Work and Pensions to release figures showing that 2,400 people died within a limited period (two weeks) after being found fit for work, between dates in 2011 and 2014.

That’s right – these people had been found fit to go to work by this hopelessly flawed tick-box assessment system, and then they had proven themselves to be nothing of the sort.

And the Tory government carried on as though nothing was wrong.

I also have personal experience of the system’s flaws. After my partner – Mrs Mike; remember her? – was wrongly put in the work-related activity group for Employment and Support Allowance, she appealed in the hope of being relocated to the support group.

Instead, whoever received her letter slapped a “Do Not Contact” tag on her file for no discernible reason and allowed her claim to end after 12 months, while she waited – in considerable confusion and distress – for a response that was never going to come.

Fortunately, I was around to kick up a stink and get the situation sorted out. But that just highlights the fact that many thousands of people don’t have that kind of help at hand.

And now, we’re told, the Work Capability Assessment is to be scrapped.

But we’re not being told what will replace it.

This Independent article has comments from a couple of organisations that have a stake in what happens:

Trades Union Congress general secretary Paul Novak [said:] “Scrapping the work capability assessment will be welcome if it means an end to assessments that cause anxiety instead of helping people achieve their aspirations,” he added, while urging greater investment in public services to get people off NHS waiting lists and reduce barriers to training.

James Taylor of the disability equality charity Scope said axing the assessment was “the minimum change needed to even begin improving a welfare system that regularly fails disabled people”, and stressed the need for “a more person-centred system” offering “specialist, tailored and flexible” support.

“Those that want to work should be supported. But for some, that’s not an option and disabled people shouldn’t be forced into unsuitable work,” he said. “There is a lot of work to do for the government to restore trust in our benefits system.”

Notice that they both mentioned ways of getting more people back into work; this is Chancellor Jeremy Hunt’s aim with the changes to the benefit system.

And that’s why I fear for the future of sickness and disability benefits in the UK.

I think the odious Hunt is planning another push to put sick people into jobs they can’t do. If I’m right, his plan will fail on many levels.

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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Should MPs get medals and bigger payoffs when they leave Parliament?

Twilight in Westminster: should MPs get a medal and a large ‘golden handshake’ payment when their days here are done?

MPs leaving Parliament should be awarded with medals and a more generous redundancy payment in order to help them move into other jobs, according to a committee… of MPs.

The claim is that some MPs face “financial challenges and hardship” after leaving Parliament, with the average loss-of-office payment being far less than in comparable countries.

That’s all very well – but MPs are already paid much more than the average UK wage. Many of them have second (or multiple) jobs as well. And of course we know of infamous instances when MPs also used their positions to corruptly feather their nests.

The issue was discussed on the BBC’s Politics Live show:

Watching the clip, though, do you think the panel got to the heart of the matter? Or did they avoid the more difficult points?

This Writer certainly thought there was more to it, as my tweeted commentary bears witness:

Ha ha! MPs should get medals and bigger payoffs when they lose their seats – according to a cross-party group… of MPs! What a gang of grasping crawlers! Don't they take enough from the public as it is? Their salaries are THREE TIMES the national average! #PoliticsLive

— Mike Sivier (@MidWalesMike) February 8, 2023

How do you attract the best people to stand for Parliament? Difficult question, @kezdugdale – certainly not through the party political system that favours yes-people for the current leaders of the parties.

— Mike Sivier (@MidWalesMike) February 8, 2023

Perhaps MPs should get performance-related pay? They should be paid on how much they've done to improve living standards, raise pay, lower bills, cut crime and defend the nation? That sort of thing? Trouble is, then none of them would be paid at all! #PoliticsLive

— Mike Sivier (@MidWalesMike) February 8, 2023

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DWP warns households they may not get cost of living payment next week

For once, this is not about the Department for Work and Pensions deliberately making our lives harder.

It seems to be a simple warning that it’s impossible to get the second instalment of the cost of living payment out to all households at the same time.

And, in fairness, while the payment starts to be dished out on Tuesday (November 8), the deadline isn’t until November 23 (November 30 for people on tax credits and legacy benefits).

Here’s the story from My London:

The Department for Work and Pensions (DWP) has issued an urgent warning to households who are expecting the second instalment of the cost of living payment next week. The government department has said that not everyone should expect the payment to arrive on Tuesday, November 8.

Around eight million families are set to receive the payment, which aims to support qualifying low-income households with the rise in the cost of living. The £324 payment is the second lump sum of a £650 payment.

The first payments of £326 were made from July 14 onwards. For the second instalment, the DWP has warned that “a small number” of households will receive payments on November 8, with “numbers increasing significantly” from November 9 onwards, reports Liverpool Echo. The deadline for most payments to be made is November 23.

It is thought that families in receipt of Tax Credits and other eligible legacy benefits will get their money from November 23-30.

Source: DWP’s urgent warning to households expecting cost of living payment next week

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Do you pay for energy using a pre-payment meter? Have you claimed energy benefits?

Apparently £25 million worth of energy benefits have not been claimed by people on pre-payment meters – even if they are struggling.

If you are one of these people, here’s some advice. Please watch:

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Energy costs: how will disabled people survive on the £150 payout from Liz Truss?

Disabled people face higher living costs than those of us who are able-bodied, but Liz Truss and her Tory government don’t care about that.

They have offered a pittance of £150 to cover the shocks disabled households are facing – and that was before they raised the energy price cap by more than that amount.

They say there are other methods of support – but people with disabilities are most likely to be receiving the Personal Independence Payment of up to £92 per week already.

Disabled people need extra money to cover their extra costs.

But Liz Truss claims her energy costs on expenses so she doesn’t understand.

Here’s a clip:

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Cost of living crisis: good news if you receive tax credits

Rule change: tax credit claimants who can show an entitlement to tax credits will receive payments to help cope with the cost of living crisis.

The government has actually done something nice for a change.

It has changed the eligibility rules for the bonus payment to help pay energy bills, announced by Rishi Sunak when he was Chancellor earlier this year.

For tax credits claimants to get the first cost of living payment of £326, they must have been entitled, or later found to be entitled, to tax credits for any day in the period between April 26 and May 25, 2022, rather than having received a payment between those dates.

It means claimants need not have been actually receiving tax credits during that qualifying period. They could also have been eligible for tax credits but had not yet had any money, or may later win an appeal that finds they would have been eligible during that timeframe.

The bad news is that the cost-of-living payments announced by Sunak have now been entirely swallowed up by the rise in the energy price cap that is expected in October, so households will still be worse-off.

Still, not enough help is better than no help at all, right?

At least, that seems to be the Tory government philosophy, as it is not even trying to find another solution until a new prime minister is sworn in on September 5.

Source: Cost of living: Huge DWP change to £326 payment means more people entitled to it

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Is government reassurance that care charges won’t swallow cost of living payment true?

Money: Rishi Sunak is offering cost of living payments of £800 for people with disabilities – but are government assurances that the payment won’t be taken by councils worth the time taken to provide them?

Are you convinced by this?

Concerns had been raised that people with disabilities will not gain any benefit from government payments of £650 for those on means-tested benefits, and another £150 for recipients of disability benefits.

This is because disabled people receiving social care provided in their own homes by their local council must make a financial contribution – usually everything above the minimum income of £94.15 per week.

So, in theory, all £800 of the cost-of-living support provided by the government could be taken by local authorities in care charges.

Challenged on this by Disability News Service, the Department for Health and Social Care has said it does not think the payment will be taken by councils.

The DHSC reckons that, because the payment is a one-off, it will not be considered as regular income and so will not be included in disabled people’s regular incomes and affect the so-called Minimum Income Guarantee (MIG).

That’s all very well – but why not simply make an announcement to that effect?

If the government stipulates that this money may not be considered in council’s calculations, then councils will have to accept that, and leave the cash alone.

Without such a rule, there is no cast-iron guarantee that this will happen. I wonder why the Tories haven’t bothered to make it already. And I wonder how many other people are in a similar situation.

Source: Government eases concerns over cost-of-living payment care charge fears – Disability News Service

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Tory DWP is threatening to remove Motability car lifeline from severely disabled man

The DWP: where cruelty is written into the rules.

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.”

Source: Cameron Mitchell can judicially review hospital-stay benefits rule but faces losing Motability car | Leigh Day

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Tag Archives: payment

Cost of living support schemes are to end soon. Will you lose out?

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Work Capability Assessment to be scrapped for benefit claimants. But what will replace it?

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

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Should MPs get medals and bigger payoffs when they leave Parliament?

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DWP warns households they may not get cost of living payment next week

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Do you pay for energy using a pre-payment meter? Have you claimed energy benefits?

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Energy costs: how will disabled people survive on the £150 payout from Liz Truss?

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Cost of living crisis: good news if you receive tax credits

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Tory DWP is threatening to remove Motability car lifeline from severely disabled man

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