Snooping around the Welfare Reform Bill...: Here’s a... - NRAS

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Snooping around the Welfare Reform Bill...

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Here’s a great piece of pub quiz trivia: according to the Press Complaints Commission, which newspaper holds the record for the highest number of complaints about a newspaper article in history? Give up? The answer is the Daily Mail, with a whopping 25,000.

Yes, love it or hate it, the Daily Mail certainly knows how to draw a reaction. The paper’s coverage of welfare reform has proved to be no exception, with headlines like “75% of incapacity claimants ARE fit to work: tough new benefits test weeds out the workshy” not only resulting in a flurry of written complaints, but also a full blown demonstration outside the Daily Mail's offices by people angered by the paper's stance on welfare reform.

Replete with deerstalker and smoking pipe (but sadly no Dr. Watson side-kick) I have been doing my own investigations into what is going on. Here is my update on some of the key developments in welfare reform that will be of interest to NRAS members in England and a brief description of how NRAS is responding to them:

1.The Universal Credit (UC). This will be the Government’s new flagship benefit, designed to improve financial work incentives to help people return to work and increase their working hours and earnings. UC will replace a lot of means-tested benefits, like tax credits, apart from council tax benefit. But it also won’t affect Disability Living Allowance, Job Seekers Allowance or Employment and Support Allowance. The Government published a White Paper in 2010 as well as a report outlining responses to the consultation. UC is now being discussed by Parliamentarians within the context of the Welfare Reform Bill. Having passed through the House of Commons, the Bill has just received its First-Reading the House of Lords.

NRAS is sitting on a Disability Benefits Consortium working group that is developing a briefing paper for policy-makers, which will provide recommendations on how to incorporate health costs into the new UC, including prescription charges and health-related travel for people on lower incomes.

2.The Personal Independence Payment (PIP). PIP is another new benefit the Government plans to introduce in 2013/14 for working-age disabled people. This benefit will eventually replace the Disability Living Allowance and will remain a non means-tested, non-taxable cash benefit payable to people in and out of work. There are ongoing discussions about what will happen to the mobility component that currently forms part of the Disability Living Allowance (DLA). Of equal concern, the Welfare Reform Bill as currently drafted would extend the qualifying period for PIP to 6 months (it is currently 3 months for the DLA), meaning that more people would suffer financial hardship before eventually obtaining the PIP. As well as the Bill itself, the Government has also published draft criteria for the PIP test. The deadline for comments on the draft criteria was 6 June 2011. The Government is now going to test the criteria and a second deadline for comments on the draft criteria has been set for 1 August 2011.

NRAS responded to the first consultation on the draft PIP criteria through the Disability Benefits Consortium. We also recently met with DWP officials involved in the development of the criteria and said that we wanted to see greater acknowledgement of the impact of fluctuating conditions within the PIP criteria. As part of the follow-up to this meeting we have sent over information to DWP to help medical assessors to better understand inflammatory diseases.

3.The Disability Living Allowance (DLA). As stated above, DLA is being phased out. However, that doesn’t stop people encountering problems with it right now. Anecdotally we have received reports from members that they are finding it harder to renew their DLA, or are being shifted from the higher rate to the lower rate with no justification.

NRAS recognises this is a real problem for our members and is now in the process of collecting a series of case studies that will be used on the NRAS website and as briefing material for face-to-face meetings with policy-makers. We are also in the midst of drafting a guidance note for members to help you escalate welfare-related complaints, if you decide to.

4.The Employment and Support Allowance (ESA). The ESA was first introduced in 2008 to replace Incapacity Benefit and Income Support. The main problems with ESA relate to the Work Capability Assessment, which we think is a poorly administered test that disproportionately restricts access to ESA. Another emerging issue, within the Welfare Reform Bill, relates to a time-limiting element which if implemented would limit peoples’ ability to claim the benefit for 12 months.

NRAS is unhappy about the time-limiting element and would prefer that no time limit is enforced. However, because of political constraints we are arguing in practice for the time limit to be extended to two years and we have been working with the Disability Benefits Consortium to provide oral and written briefings to MPs and Peers during the passage of the Bill.

5.The Work Capability Assessment (WCA). The WCA is the main test for ESA claims and involves a medical assessment that DWP uses to decide whether a claimant should be eligible to receive ESA. The test was first introduced in 2008 alongside the ESA. Since then problems have been noted with the way the test operates and a department-led review of the WCA took place in 2010. In November 2010, Professor Harrington also published an Independent Review of WCA, the first of five annual reviews into this matter.

As part of Professor Harrington’s ongoing reviews, in April 2011 NRAS contributed to a charities report on the WCA indicators (known as descriptors) and how they relate to fluctuating conditions like Rheumatoid Arthritis. NRAS is also due to provide written evidence to the Citizen’s Advice Bureau, for a report they are developing about the potential for a ‘real world test’ to provide a further safety net for individuals that may fail the WCA but still not be well enough to work.

6.The Hardest Hit campaign. The campaign is facilitated by members of the Disability Benefits Consortium, but is really a grass roots campaign designed to help members of the public get their voices heard. The campaign has its own website ( thehardesthit.wordpress.com), where people are invited to write to their MP or sign the online petition. There is also information about forthcoming events, similar to the protest march in Westminster on 11 May, which attracted nearly 8,000 people (including NRAS member, Richard Cottee).

NRAS believes that the Hardest Hit Campaign is a vital piece of the campaigning jigsaw for a fairer welfare system. Following on from the successful protest march in May, the Hardest Hit campaign is planning a new set of regional protest marches later this year. The exact dates have yet to be finalised, but it is probable that these will take place in October 2011. NRAS is part of the steering group and we will help NRAS members to get involved when further details become available.

So as you can see, NRAS is doing quite a bit of campaigning around the issue of welfare reforms. However, we are only really beginning to get stuck-in and our campaigning messages are to a degree hampered by incomplete knowledge about the overall experiences of our members.

To correct this, as well as collecting case studies, we also want to collect more quantitative data. That is why next week we will be launching an online survey for our members about benefits. Our initial impression is that members have been finding it tougher to claim benefits of late and we hope the survey will uncover a bit about why this is the case.

Please rest assured the survey will be anonymous and won’t be attributable to any individual members. Furthermore, we will only be publishing aggregated information from the survey. So, please keep a look out for the survey when it goes live and help us to ensure the views of people with Rheumatoid Arthritis are fully represented.

13 Replies

Hi Jamie

Thank you for this excellent write up setting out the various reforms that are currently in the offing and which will affect many members. I must admit I spent 16 years in Civil Service management before being medically retired so am very familiar with the 'red tape' that surrounds any 'new' proposals. However this lot has me bashing my head against a brick wall because it simply does not make any sense.

At the end of the day I was retired on incapacity as I was unable to meet the demands of the job. Nothing has changed except I am now suffering much more joint damage and consequently pain and fatigue. The descriptors used in the work capability assessment mean that I could possibly be deemed fit for work, likewise my DLA will probably go straight out the window!

In which case if DWP no longer consider me unfit for work perhaps they will kindly return the career, with a salary of £40+K, they so hastily took off me in 1990!

I will definitely participate in the survey and view the results with much interest.

Thank you Jamie,

Lyn x

in reply to

Here here Lyn... exactly, let's hope you get your old job back then ??? It really does take the biscuit (putting it mildly)

I have been put off filling in the assessment for the ESA - I have to be means tested because of lack of NI contributions over the last 2 years. I have always worked and paid a full stamp but failed to make the minor contributions in the last 2 years beause I haven't earned enough and because I hadn't registered as self employed.. (my fault I know) but having worked solidly since I was 17 (apart from having the afternoon off to have a baby - well it was longer than that but only felt like that - and paid a full stamp - it means nothing.

Eee by gum... and all that

Take care Julie XX

And yes brilliant Jamie x thanks

ju-ju profile image
ju-ju in reply to

Hi Julie here.. much of the above as happened to me, I was H.C.A

for the council and was retired through ill heath. had my assessment for ESA

and they said I would be fit for work in 12months, what a joke the job centre said if I

couldn't find work then I would have to get a sick note of my G.P for my stamp to be paid.

Well if I'm unfit for work in the Doctors eyes what is going on.. !!!!

All the best.

jue.

I also heard that there it was mooted a good idea by a tory politician today on the news to employ people with learning disabilities below the minimum age if they agreed to it. Nowthat would be a good commercial move for some tory business owners wouldnt it !!!! Not so sure about the outrageous expolitation and discrimination towards peoploe with learning difficulties. Eeurgh its absolutely sickening.

Sorry should of read Wage not Age missed out the W on Wage ! my husband just noticed !!!!

in reply to

Yes I too heard that on the new's couldn't quite believe what I was hearing, beggars belief as to what these politicians are thinking.

Mandy xx

Hi Jamie, I too am like Lyn having not been in employment since being diagnosed in 1995 due to the severity of RA. I am very concerned over these new changes and constantly worry as what will happen to me long term.I can't thank NRAS enough for looking into these changes on our behalf and of course you for bringing them to our attention.

I will also look forward to the survey, once again thank you Jamie.

Mandy xx

Yes thankgoodness we have people trying to protect our position. Hubbie and me are going to try and do some marches together. I am really anxious too about my future if the welfare state is destroyed much more. I am starting to really romanticise all the years of everyone having access to free health and dental care. Trouble is my boys and the younger generation dont remember the world I do which I feel was more caring and less aggressive generally.

I know the tide is so far gone but still going to try and stick up for a basic safety net for all. Even if it is old fashioned.

xxx F

I really cant belive this! well I can but dont want to if you know what I mean!

Ive been working through my RA, Ive had a hell off a lot off time off work, but even though last year my rheumy offered to sign me off sick for good, I spoke to him and said that I thought mentally it would be better for me if I continued to work even if this means me only being able to work 2 - 4 hours a day.

As at the moment I also employ a PA to help me dress, shower etc as Im struggling so much at the moment and my OT said it would be better for my health to get the help rather than keep pushing myself then failing for so many days.

Progression of my RA has been very quick for me and My GP and rheumy have confirmed this and also say it could be becuase I was misdiagnosed by a prevoius GP for at least 5 years.

So for me even though Im so ill I do intend to carry on working however I have been trying and failing to claim DLA, they are basically saying that 2 1/2 years into RA I should not be suffering so badly! Well I know that but are my blood results all wrong and my GP, MRI scans etc, they show the damage so why dont they belive it.

My OT thinks I should 100% be getting DLA and along with my GP they have both filled out a big list off everyday tasks that they say I need help or aids with, so why do this goverment try and make me feel like Im lying! Well they have sent me letters saying I may need to go to court etc if I continue with my appeal against there disision and to be honest I was ready for backing off and not claming but my OT contacted welfare rights and they have basilcally taken over.

The lady from welfare rights has sent me a copy off the letter she has sent to the DLA appeals office and it basically says that how can they refuse me any DLA care when I am already reciving day and night time care and same goes for mobility when I use an electric wheelchair for distance more than a few yards and sticks for shorter distance, this is a wheelchair provided by my rheumatologist not something I have chose to buy, but something Ive been told I need to use so that Im not overdoing it, falling so much and so that I am not stuck inside as much.

As for the people that need help and benifits full time and cannot work at all then I totally feel for them to have the complete worry off not being able to work and not being able to recive benifits.

If it wasnt for my better half working up to 90 hours a week 7 days a week sometimes then there would be no way we could manage, basically he has to do all the overtime he can to keep us going which makes me feel so guilty when there is days I cant get to work!

I read about them saying disabled people should be expected to work for a lower rate (under the current minimum wage) and this discusted me to be honest if disabled people do work then the goverment should give the company some finacial help to make them more encouraged to take them on. After all I realise some employers would be worried about taking someone on with RA after all I know how bad my timekeeping/ absence has been however I do know if I can get better diease control then I will hopefully will be able to be more reliable and even work more hours.

Thanks for this blogg and all the info in it NRAS continue to do a fantastic job.

Julie x

Tricia-P profile image
Tricia-P

Hi Jamie

Thank you for taking the time to explore these reforms and benefits; I have been off sick since January and after 10 days of full pay the company I work for only then pay SSP and a loyalty bonus. I'm not sure if I'll get any help from the goverment as my husband does get 2 pensions 1 a military pension after 23 years in the Army then a retirement pension from another company, he also works 5 days a week on a salary that is a 1/4 of what he used to earn but he say's it keeps him sane. I'm filling in the DLA paperwork at the moment and I'm going to get an appointment with the CAB as I really can't understand the different benefits and who and why can claim them and then RECIEVE them.

Triciaxx

ra- fibro.. julie you should definately qualify? the system is a joke?

Im obviously in the wrong job compared with lyns .! old full time salary.. but nhs arent high payers except top execs .etc!!. and im only working/ crawling in virtually on 2 hours sleep some days and can only do mornings cos. any longer with my pain and fatigue levels if I dont kill my self I could kill a patient?.. went back to work as personnel sent what my mum deems spiteful letter saying had taken more than the "average" 9 days have a chronic. condition.. havent had the chance to try decent meds thanks to the now unamed health authority so very cross.. check newspaper headlines.. thur.... person in jail for assalting consultant??. I jest

RichC profile image
RichC

Great Blog Jamie or should i say Sherlock?

With all the reforms currently in progress it is vital that Ra sufferers and their carer's voices are heard and i thank you for giving us the chance to voice experiences.

Universal Credit and associated Disability and Illness benefits need to be shaped NOW , in order to create a fair system that gives us all an independent life that is above just existing, and that takes into account the real world.

Once Universal Credit if fully implemented , it will be impossible for this or any future Government to go back , so it is essential that this legislation is fair .

Once in ,this Government will not like to make too many additions , as the intention of this is to make the system simpler for in work and out of work claimants as well as save the Treasury money.

I believe that the Government will do the right thing by those most vulnerable if opinion and case studies are taken into account,

However as it stands those suffering with RA and not the most severely affected will have a struggle , both financially , and having to comply with the conditionality of the Benefits system.

With the new "one size fits all" work programme now in place, people with RA and in the Work Related Group will have to make efforts to make themselves employable . This includes attending courses and even applying for jobs . There are associated sanctions for non compliance .

If found "fit for work" under the flawed Work Capability Assessment , it is unsure at present how Job Centre Plus will relax their rules for being able to say you will not do a particular job , and how the claimant can restrict the types of job to ones that they could possibly do.

At present for a healthy JSA claimant , they can be sanctioned for refusing to attend interviews or take a job offer.

Worrying times indeed.

Rich :)

Thanks for the amazing feedback so far! In case you haven't already filled in the NRAS online benefits survey, here is the link:

surveymonkey.com/s/NRASbene...

Please ask fellow NRAS members to fill it in! Thank you!

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