Tagged: Work Capability Assessment

New minister for disabled strongly against disability benefits and human rights

The prime minister has announced that the new minister for disabled people is Justin Tomlinson, Conservative MP for North Swindon. Tomlinson has a strong anti-benefits and anti-human rights background.

Tomlinson has replaced Mark Harper, who is now the Conservative chief whip.

Tomlinson is a former national chairman of Conservative Future, the youth wing of the Conservative party and has been an MP since 2010.

He is a party loyalist, with a strong record of voting against the interests of sick and disabled claimants.

According to They work For You, Tomlinson:

  • Voted strongly for of the bedroom tax
  • Voted very strongly against raising welfare benefits at least in line with prices
  • Voted very strongly against paying higher benefits over longer periods for those unable to work due to illness or disability
  • Voted very strongly for making local councils responsible for helping those in financial need afford their council tax and reducing the amount spent on such support
  • Voted very strongly for a reduction in spending on welfare benefits
  • Voted very strongly against spending public money to create guaranteed jobs for young people who have spent a long time unemployed.

Tomlinson also voted in favour of repealing the Human Rights Act.

His responsibilities a minister for disabled people include:

  • cross-government disability issues and strategy
  • Employment and Support Allowance, Work Capability Assessment and Incapacity Benefit Reassessment Programme
  • disability benefits (Disability Living Allowance, Personal Independence Payment and Attendance Allowance)
  • carers
  • appeals reform
  • fraud and error (including debt management)

Tomlinson has some interest in health issues, but does not seem to have shown any great interest in disability issues during his time as an MP.

Source – Benefits & Work,  12 May 2015

http://www.benefitsandwork.co.uk/news/3093-new-minister-for-disabled-strongly-against-disability-benefits-and-human-rights

SNP manifesto not afraid of supporting claimants

The SNP manifesto, published yesterday, proposes a number of pro-claimant policies that set it apart from any of the main parties at Westminster.

The SNP’s benefits pledges include:

  • increases of at least the cost of living in welfare benefits
  • halting the roll out of both Personal Independence Payments (PIP) and Universal Credit
  • reversing the replacement of Disability Living Allowance with PIP
  • people already supported by the Independent Living Fund will continue to be supported.
  • an urgent review of the system of assessments for disability benefits.
  • increasing the universal credit work allowance, to boost to the incomes of people moving into work
  • overhauling the Work Capability Assessment.
  • urgently reviewing the conditionality and sanctions regime, taking particular account of the needs of people with mental health issues. and recognising that the removal of cash benefits should be a last, rather than a first, resort.
  • Increasing Carers’ Allowance so that it matches Jobseekers’ Allowance.
  • not supporting attempts to restrict housing benefit for 18 to 21 year olds
  • stop war disablement pension being treated as income in the assessment of entitlement to other benefits.

It seems likely that there will be many sick and disabled claimants south of the border who will read these policies and regret that they don’t have the opportunity to vote SNP.

You can download the SNP manifesto from this link.

Source –  Benefits & Work, 21 Apr 2015

http://www.benefitsandwork.co.uk/news/3077-snp-manifesto-not-afraid-of-supporting-claimants

Labour manifesto holds little comfort for sick and disabled claimants

As expected, the Labour party manifesto holds little comfort for sick and disabled claimants. There are commitments to abolish the bedroom tax, ‘reform’ the work capability assessment and pause and review universal credit. However, the household benefit cap will stay and there was no mention of ending the current sanctions regime, pausing the roll out of personal independence payment or saving the Independent Living Fund (ILF).

Labour say they will:

  • Reform the WCA, focusing it on the support disabled people need to get into work
  • Abolish the bedroom tax
  • Set up an independent scrutiny group of disabled people to monitor the WCA
  • Set up a specialist support programme to provide tailored help to disabled people who can work.
  • Pause and review the universal credit programme
  • Keep the household benefit cap and investigate whether it should actually be lower in some regions
  • Not cut tax credits
  • Introduce Maths, English and IT skills tests within six weeks of claiming JSA and make training compulsory where it would improve employability
  • Introduce a guaranteed paid job for young people out of work for a year and over 25s out of work for two years
  • Introduce a higher rate of JSA for those who have paid NI contributions for longer, paid for by extending the period you need to have paid contributions before you qualify

Whilst abolishing the bedroom tax remains very welcome, ‘reform’ of the WCA is a virtually meaningless commitment as is the setting up of a ‘scrutiny group’. The lack of any mention of the sanctions regime or the ILF will also disappoint many disabled activists.

A Labour led government still appears to be a considerably better bet for claimants than a Conservative one. But it’s clear that Labour remain only a less awful option, rather than a positively good one.

Source – Benefits & Work, 13 Apr 2015

http://www.benefitsandwork.co.uk/news/3070-labour-manifesto-holds-little-comfort-for-sick-and-disabled-claimants

Fit-For-Work Tests Discriminate Against Women

Mental health campaigners have criticised new Department for Work and Pensions (DWP) guidance, which could make it more difficult for women to claim sickness benefits than men.

New guidance issued by the DWP to healthcare professionals assessing people for Employment and Support Allowance (ESA), suggests that men and women should be tested differently.

A man who has been diagnosed with mental health problems and in danger of self-harm or suicide may be assessed as having limited capability for work. Whereas a women in the same position could be asked to show additional ‘personal factors’, such as a family history of suicide, in order to receive ESA.

The Government says the advice has been issued because suicide is “more prevalent among men than women”.

However, campaigners say the new guidance is over-simplistic and added that the Work Capability Assessment (WCA) has already been heavily criticised over fairness and accuracy.

Carolyn Roberts from the Scottish Association for Mental Health (SAMH) warned that the changes were “potentially harmful” and urged the DWP to withdraw the advice.

“The Work Capability Assessment has already been heavily criticised for not being able to accurately assess mental health problems, with independent reviews recommending its assessors should have more experience in mental health”, she said.

“And while it is undoubtedly true that more men lose their lives to suicide than women, this looks like the addition of a blunt and unsophisticated method of assessment to a system that is already failing people with mental health problems. SAMH calls on the DWP to withdraw these new rules.”

Tom Pollard, policy and campaigns manager at mental health charity Mind, said the charity is “seeking further clarification from the DWP on the reasoning behind this decision, which massively oversimplifies the issues around suicidal thoughts, feelings and actions”.

He added: “Although men account for around three-quarters of all suicides, this doesn’t tell the whole story as attempted suicides are not taken into account.

“There is still a huge lack of understanding within the welfare system around mental health and we want to see greater expertise on mental health and the impact it can have on somebody’s ability to work.”

The DWP said the guidance is included in a handbook given to health professionals who assess sick and disabled people for ESA and should not be regarded as “hard and fast rules”.

They added: “In the subject areas covered by the guidance there are some differences between men and women – for example, men have higher suicide rates than women – and the way the guidance is written is designed to take that into account.”

Source – Welfare Weekly, 06 Apr 2015

http://www.welfareweekly.com/fit-for-work-tests-discriminate-against-women/

Disability Charity Signs Maximus Contract

Following its signing of disability campaigner Sue Marsh earlier this month, Maximus – the company taking over the Work Capability Assessment contract from Atos in March – have now signed up a leading disability charity as well.

Disability Rights UK (DRUK) have announced that they have agreed a contract to deliver training in disability equality to Maximus health professionals.

DRUK has over 300 member organisations, including many national charities, and aims to ‘Break the link between disability and poverty’. Maximus, which is being paid more than double the amount that Atos was being paid to carry out WCA’s seems keen to prevent potential opponents from slipping into poverty by sharing some of its taxpayer funded profits with them.

DRUK are also advertising for people to take part in what looks very much like a promotional campaign for income protection insurance – the sort of thing that Unum provide as an alternative to state support – though there is no suggestion that Unum are involved on this occasion.

Members of the public who have had a serious illness and are trying to return to work are offered the amounts of money and support they would have had if they had been wealthy enough to afford to take out income protection insurance cover. They are filmed as they make the return to work and these films can then be used to encourage people to take out income protection insurance.

Of course, the worse the level of state benefits and state support, the more easily people can be persuaded to take out such insurance, giving insurance companies a vested interest in maintaining the link between disability and poverty.

Source –  Benefits & Work,  28 Jan 2015

http://www.benefitsandwork.co.uk/news/2993-disability-charity-signs-maximus-contract

Maximus WCA blunder

Maximus have managed their first work capability assessment blunder before even starting the contract in March.

Maximus are not keen on having their name associated with claimant deaths in the way that Atos’ now is in so many people’s minds.

So, appointment letters for work capability assessments won’t come from Maximus. Instead, they will come from a fig leaf company called The Centre for Health and Disability Assessments Limited.

The new company was set up back in June 2014, long before Maximus were officially awarded the contract. Unfortunately, Leslie Wolfe – division president of Maximus- and her fellow director William Smith aren’t so hot on UK spelling, hailing as they do from the US.

So the company they created to hide behind was actually called The Center for Health and Disability Assessments Limited.

Thus, five weeks after incorporating the company, their first act was to change the name so that at least it looks like it is a UK run organisation.

With this level of accuracy and attention to detail, what could possibly go wrong as they take over the assessment of millions of sick and disabled claimants?

Source –  Benefits & Work, 22 Jan 2015

http://www.benefitsandwork.co.uk/news/2985-maximus-wca-blunder

Benefit sanctions raised in Commons by Hartlepool MP

> Part 93 of the ongoing Labour MPs Suddenly Discover Sanctions series….

THE cases of a Hartlepool benefits claimant whose money was cut because she missed an appointment due to roadworks and another who did not turn up for an appointment which had been cancelled have been raised in Parliament.

MP Iain Wright was speaking in a Commons debate on the effects of the DWP’s benefits clampdown on claimants across the North East, prompted by Newcastle Central MP Chi Onwurah.

Mr Wright said he accepted the need to tackle fraud, but the system had to take account of people who had genuine reasons for falling foul of the rules.

“Most people would accept the principle that if people flagrantly and persistently fail to adhere to mutually accepted requirements, they should face consequences,” he said.

“However, I have noticed a large increase in the number of sanctions imposed, often for a first or light transgression, and often with no regard to the context.”

Cases of people who had seen their benefits suspended unreasonably included:

– A man who realised he had missed an appointment, contacted the Jobcentre immediately and went in the next day, only to be informed by post that his benefits were being cut for a month;

– A woman sanctioned because she was late after her bus got delayed by roadworks in the centre of Hartlepool;

– A woman who was told her appointment for a work capability assessment had been cancelled who was then sanctioned for failing to attend;

–  And a woman who was sanctioned for a month because she missed an appointment to attend her grandfather’s funeral.

In all those cases, and in others, I have been able to get the sanctions overturned; but that itself raises some issues,” said Mr Wright.

“Is it an efficient use of taxpayer resources to apply a sanction, only for staff time to be employed in overturning it? How robust, efficient and effective is the process if that continues to be the case?”

The culture in JobCentres needed to change, he said:

“Front-line staff do not have any flexibility to determine whether a benefit claimant has failed to comply with a requirement. They have to see things in black and white and they cannot provide personalised support.

“The system is geared not to help individuals, but merely to process them.

“Claimants can suffer appallingly as a result of their treatment.”

The system was also failing to help workers whose traditional skills were not suited to the modern jobs market.

The JobCentre is simply not interested in helping them secure a new job,” said Mr Wright.

Through its indifference and latent hostility, it is consigning my constituents to the scrap heap long before their time.”

He highlighted the case of a former factory worker who had been told to apply for benefits on-line despite not owning a computer and never having used one.

“There are many people like my constituent in Hartlepool and the North East. The digital divide is creating social exclusion that is affecting the most vulnerable people,” said Mr Wright.

My constituents deserve better, as do many others in the North East and elsewhere.

“They are treated shabbily and with contempt.”

Work minister Esther McVey defended the Government’s record and told the debate the sanction rate for Jobseeker’s Allowance was between five and six per cent a month and less than one per cent for Employment and Support Allowance.

> Presumably depending on what targets for sanctions Jobcentre managers have set their staff….

In the past year, the number of people sanctioned actually decreased,” she said.

Source – Hartlepool Mail,  10 Jan 2015

Employees cannot be forced onto Fit For Work scheme

Guidance issued by the DWP last week on the new Fit for Work scheme makes it clear that referrals can only be made to the scheme with the consent of the employee. It also makes it clear that most health assessments will be carried out over the telephone.

Fit for Work is the new DWP scheme intended to cut sickness absence and ESA claims by getting sick employees back to work more quickly. In England and Wales the scheme has been outsourced to a branch of Maximus, the company also taking over the work capability assessment contract from Atos later this year. In Scotland fit for work is being delivered by the Scottish government.

GPs and employers can refer employees for an occupational health assessment via the Fit for Work service once they have been off sick for a month, provided that there is a reasonable prospect of the employee retuning to work. The employee must consent before a referral can be made.

Fit for work will carry out a ‘biopsychosocial holistic assessment’ of the employee over the telephone and draw up a return to work plan on the basis of that call. In a small number of cases a face-to-face assessment will be carried out.

For GPs, the attraction of a referral is that once a return to work plan has been drawn up by Fit for Work the GP will no longer be responsible for providing sick notes.

Employers receive a tax exemption of up to £500 per year, per employee on medical treatments recommended by Fit for Work to help their employees return to work.

Download Fit for Work guidance for employees here.

Download Fit for Work guidance for employers here.

Download Fit for Work guidance for GPs here.

Source – Benefits & Work,  06 Jan 2015

http://www.benefitsandwork.co.uk/news/2975-employees-cannot-be-forced-onto-fit-for-work-scheme

Work Programme adviser: ‘Almost every day one of my clients mentioned feeling suicidal’

A scandalous picture of suffering, trauma and destitution is painted by a former Work Programme adviser who was tasked with getting claimants off the employment and support allowance (ESA) sickness benefit.

Speaking to the press for the first time since she quit the job last year, Anna Shaw (not her real name) says:

“Some of my clients were homeless, and very many of them had had their money stopped and were literally starving and extremely stressed. Many had extreme mental health conditions, including paranoid schizophrenia, psychosis, bipolar disorder and autism.

One guy [diagnosed paranoid schizophrenic and homeless] came to see me for the first appointment and mentioned that he had not eaten for five days. I offered him my lunch, thinking he would refuse it out of pride, and he fell upon it like a wild animal. I’ve not seen a human being eat like that before.”

Shaw can only speak out anonymously, because when she resigned, after just a few months in the job, her employer made her sign a confidentiality clause.

She believed that the majority of her ESA caseload of about 100 clients were not well enough to have been on the government’s welfare-to-work Work Programme, but should instead have been signposted to charities that could support them with their multiple problems.

“Almost every day one of my clients mentioned feelings of suicide to me,” she says. Shaw says she received no training in working with people with mental health issues or physical disabilities.

Under the government’s welfare reforms, Shaw’s clients would have completed a controversial test, called the work capability assessment (WCA), currently conducted by contractor Atos, and been placed in the work-related activity group (WRAG) of ESA because they were judged capable of working, albeit with appropriate support.

Shaw’s employer was subcontracted by one of the 18 “prime providers” the government pays to implement its Work Programme to get jobless people into employment. However, Shaw says she was never given a copy of her clients’ WCA, which details their health conditions, so it was difficult to provide the support they needed.

Shaw thinks many of her ESA claimants wanted to work, but the “fundamental issues” – their physical and mental disabilities, often coupled with situations such as homelessness or domestic abuse – were not dealt with.

Every person who came in needed specialist help on a whole range of things, and to be supported, not under imminent threat of losing their benefit the whole time.”

She believes many of her clients had been wrongly assessed as fit to work. “I had a woman with multiple sclerosis who had been domestically abused and was suffering from very severe depression and anxiety, and she had a degenerative condition and she was deemed fit for work,” she says. “I gave people advice under the radar about how to appeal … but it was absolutely not in our remit to encourage people to appeal.”

The most recent government figures (to June 2014) show that only 2% of longer-term ESA claimants find sustained employment. Independent research by the Centre for Economic and Social Inclusion has found that disabled people are about half as likely to find employment as non-disabled people. Last week, a report suggested that officials were considering cutting ESA, which is paid to around 2 million people, by as much as £30 a week as the chancellor, George Osborne, seeks a £12bn cut in the welfare bill.

Shaw says she was expected to enrol claimants on back-to-work courses.

“It was very much ticking boxes. My managers were just obsessed with compliance with the Department for Work and Pensions (DWP). We would be penalised as an organisation if we didn’t sanction people who failed to show up… but with ESA they realised there was very little chance of getting these people into work. They were kind of parked.”

In the past year, sanctions for ESA claimants who fail to turn up for interviews with their job adviser have increased more than sevenfold. In each case, claimants lost at least one week of their benefit money, even if they said they were too ill to get to an appointment.

“One minute we had to sanction and the next minute we were told absolutely not to sanction,” says Shaw. “I think this was in response to [hostile coverage to sanctions in] the press… so the advice was given that we weren’t sanctioning them but we weren’t to let them know we weren’t sanctioning them… so they would come for appointments.”

According to one of Shaw’s former colleagues who is still working for the organisation, sanctioning has intensified.

“She said: ‘It’s got a lot worse since you left and now we’re having to sanction all the ESA claimants if they don’t turn up for appointments,’” says Shaw.

Two months ago, the work and pensions secretary, Iain Duncan Smith, stated that the WP “revolutionises the way we provide support to those who are the hardest to help, supporting a move from dependency to independence and getting people into work so that they have financial security for the future”.

But Shaw’s revelations contradict the ministerial architect of welfare reform. She says:

“I felt that my job was really a non-job and as long as I ticked the boxes, they didn’t really care what I did with them… but they missed the point that these were actually human beings that I was coming into contact with, and going home every night wondering if these people were still alive.”

Shaw’s claims are backed up by a recent report, Fulfilling Potential, compiled by a WP client, Catherine Hale , with support from Mind and the Centre for Welfare Reform.

Of the 500 people on ESA who responded to an online survey, 82% said their WP provider made no effort to adapt jobs on offer or make it easier for them to work. Only 7% said their adviser had a copy of their WCA.

A spokesman for the DWP says Work Programme providers “have the freedom to design any work-related activity so it is appropriate to the person’s condition”, and the DWP “offers more money to providers for helping the hardest-to-help groups into work, such as people on ESA”.

But there is no breakdown of how much of the £1.37bn WP expenditure from June 2011 to 31 March 2014 was spent on helping ESA claimants. He insists that sanctions are “used only as a last resort” and “about 99% of ESA claimants don’t get a sanction”. He adds that the DWP is looking at how to share information about clients’ medical conditions with WP advisers.

Source – The Guardian, 05 Nov 2014

Labour Pledge New ‘Work Support Programme’ For Disabled Benefit Claimants

A future Labour government would introduce a new ‘Work Support Programme’ for unemployed disabled people, in a bid to reduce the number of people claiming sickness benefits.

Analysis of figures uncovered as part of an investigation into government spending reveals that the coalition has overspent on Employment and Support Allowance (ESA) by around £8 billion, claim Labour.

This comes at the same time as figures released by the Department for Work and Pensions (DWP) show that the number of people claiming ESA has risen by 50,000 in just six months.

Labour say this is due to the ‘failure’ of the controversial Work Programme, dubbed ‘workfare’ by its opponents, in helping sick and disabled people into work. Only around one in twenty ESA claimants who participate in the scheme find secure and lasting jobs, while the overwhelming majority find themselves back at the jobcentre and trapped on benefits.

Labour would ‘improve the employability’ of sick and disabled unemployed people, says the shadow minister for disabled people Kate Green MP, through the introduction of a specialist programme designed to support them into work.

>  Phrases like ‘improve the employability’  always send a shiver up my spine. And it sounds like business as usual should Labour get in… the poor are the enemy – punish them !

The ‘Work Support Programme’ would help support ESA claimants regarded as being the ‘furthest from work’, say Labour.

The programme would also utilise ‘existing resources’ from underperforming government schemes, such as the Work Programme and Work Choice, and then make use of those ‘resources’ to reform the discredited Work Capability Assessment (WCA). Labour say they want to ensure that the WCA ‘provides a gateway to back-to-work’ support, rather than a barrier.

The majority of sick and disabled openly say they would welcome the opportunity to work, if they are able to, but many claim that employers discriminate against them in favour of healthier, more abled-bodied job seekers.

Kate Green MP, Labour’s shadow minister for Disabled People, said:

Thousands of disabled people who want to work are being failed by the Tories. The Work Programme isn’t working for disabled people, with just one in 20 finding jobs, while this Tory-led Government slashes specialist support in job centres.

“The Tories’ failure to help disabled people into work comes at a huge cost to disabled people in every corner of the country who are being let down and to taxpayers who are facing an £8 billion bill.

“We must bring down social security spending and doing that requires a new approach to tackle the root causes of these costs directly. That’s why Labour will give disabled people the support they need to find a job.

“Our Work Support programme will bring hope to thousands of disabled people who have been let down by David Cameron’s government.”

No further details were available at the time of publication.

Source –  Welfare Weekly,  09 Oct 2014

http://www.welfareweekly.com/labour-pledge-new-work-support-programme-disabled-benefit-claimants/