Posts tagged ‘DWP’

The 2 yr Job Rule for Disabled on Universal Credit is not True!


 

In the last few days it has been widely reported by various bloggers that those disabled claimants claiming Universal Credit are subjected to finding a job within two years or face a 1 year sanction. This is utter fabrication and feeding many claimants fears which could potentially cause harm. So today I called Welfare Rights ,who called DWP while I remained on the phone, they denied that this information was correct and was downright alarmist and dangerous. That doesnt mean I trust DWP and have submitted a FOI too given 7 years of shenanigans. So you see folks, you can take the fear project and destroy it with Facts!

Those who will be put on Universal Credit (UC) will have to sign the claimant commitment regardless, some will be subjected to full conditionality some will have their conditionality limited depending on the circumstances, and subject to sanctions if they fail to comply with the agreed commitments they agreed with work coach via the Work Plan,My 4 steps,My Values documents.  (Document links provided at bottom of the blog.)

As promised last night, the SKWAWKBOX has been looking further into conflicting reports from DWP insiders concerning the WRAG (work-related activity group) category into which the government, more or less arbitrarily, places some disability benefit claimants and the possibility of sanctions after a fixed period of two years under the Universal Credit (UC) system if claimants have not found work.

Some activists insisted that this was part of the UC system and this was initially confirmed by long-term DWP employees. Others subsequently disputed it. The only thing all were agreed on was that the rules are ill-conceived and extremely confusing.

The SKWAWKBOX contacted a PCS union official who specialises in UC for clarification and received this response:

 

I’ve been looking at the regulations and I can’t find anything that refers specifically to a fixed time limit in which to find employment.

That is right, because no fixed time limit exists in the regulations

 

The ‘disabled’ argument, as I’m sure you are aware, is notorious because ultimately the Department through the provide contractors are essentially able to define who is fit or not for work.

For example, a claimant maybe moved from ESA to UC on the back of a WCA [Work Capability Assessment]. The claimant may disagree with the decision but they are stuck.

If they are adamant they are not fit for work, they could refuse employment in an environment they believe will affect their health.

 

If they have been found to have no Limited Capability for Work, they cannot refuse employment. The fact that claimants think they are unfit for work has been the main issue with the flawed WCA since 2008

 

This is where the sanction process comes in – a 13wk, 26wk and 156wk sanction could apply (although similar regs existed prior to UC and the 2012 Welfare Reform Act if not as harsh or severe).

 

In this case you’re looking at failure to apply, not accepting work or leaving on one’s own accord. Their argument is they aren’t fit, the department will still look at sanctions.

The circumstances described here apply to somebody who has not been found to have Limited Capability for Work.

 

The sanction regime is clearly arbitrary, deeply unfair and dangerous – but there is no rule mandating a fixed time-limit for a claimant to find work.

Again no time limit

 

However, another PCS/DWP source warned that while the rules don’t include such a limit, the way they are applied may not be as clear cut:

I can tell you that we have received complaints from WRAG claimants about having their ESA revoked after two years. And now they are treated as JSA claimants because they are ‘fit for work but not necessarily their precious occupation(s)’.

ESA cannot be revoked. It simply cannot be claimed after a claimant has been found fit for work. Previous occupations are not a consideration. That has always been the case.

 

Sanctions have been applied because the claimant has not fulfilled their requirement to find work. The purpose of the WRAG was to enable people to return to work despite being disabled, but this component has now been removed as WRAG claimants are now treated as jobseekers.

 

WRAG claimants under UC are described as having Limited Capability for Work.. They are not required to search for, be available for and start work, and cannot be sanctioned for not doing so, but they are required to accept work preparation requirements within their commitment and attend WFIs

.

 

Other WRAG claimants have been booted off ESA or the sickness element of UC after a period of two years because they failed their WCA – deliberate decision to bully them back to work.

 

Some claimants will fail their WCA after 2 years. Others after 6 months, 12 months  etc.

2 years is actually a prognosis period, meaning a number of people are reassessed at this stage. Unless there is any evidence of a pattern, this period of 2 years is meaningless

 

Thanks too to Anita Bellows who has worked with me on this 🙂

 

So you see folks, you can take the fear project and destroy it with Facts! 

https://www.scribd.com/document/353594773/4c-ESAHWC1

https://www.scribd.com/document/353595852/CC-O18-E15

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/353603319/1359203507-UJcompanyleafletJCP

https://www.scribd.com/document/354185048/CC-Requirement-to-Accept-a-Claimant-Commitment-v2-0

https://www.scribd.com/document/354185364/cc-commitment-not-accepted-v1-0

https://www.scribd.com/document/354185650/My-4-Steps-Template

https://www.scribd.com/document/354187257/1816-my-values-1-pdf

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349520361/FTS-FTP-in-WFI-and-Failure-to-Undertake-Work-Related-Activity

https://www.scribd.com/document/349517543/Handout-08-01-Commitment-Pack-v7-7

https://www.scribd.com/document/354182466/Dealing-With-Sanctions-Facsheet-4

https://www.scribd.com/document/353627563/HWC-Exemptions

 

Read Frank Zola Blog below;

https://mrfrankzola.wordpress.com/2017/07/18/disability-rights-uk-disrightsuk-questions-why-dwp-esa-health-work-conversation-mandatory-foi/

Update…….. “The Article originally produced by SKWAWKBOX. Claiming to that Disabled Persons could only claim UC for 24 months, is a mishmash of quotes from Gen William Taggart, who was actually talking about an Early ‘Draft’ of the Welfare Reform Acts. At no time did Gen. T directly associate this with Disabled Persons, in fact it was just a heads up for activists/advocates etc, to remember not to get complacent about the Statutory Instrument placed within the Welfare Reform Acts. “

 

Further confirmation from DWP to my FOI

My FOI response

“Claimants on JSA or UC, who are expected to look for and be available for work, must do all
they reasonably can to find and take up a job. However, the DWP sets no specific time limit for
how long a claimant is given to find a job.
Sanctions are only used in a minority of cases when people fail to attend work-search reviews;
fail to meet the work-related requirements they have agreed in their Claimant Commitment;
fail to apply for work or take up an offer of work; or leave a job, without good reason.
The DWP does not have any statutory powers to sanction or reduce benefit payments solely on the basis
that a claimant has been trying but has been unable to find work within 2 years.”

 

https://www.whatdotheyknow.com/request/js_a_two_year_clause#incoming-1019979

Advertisements

Universal Credit Report -Hidden dangerous policy decisions that will cause harm


This report from Disability Campaigner Gail Ward is a must read for all benefit claimants and those claiming  ‘in work’ benefits claimed by millions in the UK. It has plenty of references and downloads contained within the document and it will alarm many, it should, as this government is targeting the poorest in society at the expense of saving the rich. Some of those already transferred will know the horrors already highlighted recently by Citizens Advice (CAB),but the majority do not. This blog doesn’t have the capacity to embed the entire report to enable reading online ,but you can download it from the link below in the hope that this will help many prepare for the next onslaught by this barbaric government whose sole purpose is to hound claimants, and save money for the state putting profit before people. If you thought WCA (ESA) was bad this will make it look relatively tame.

 

https://www.scribd.com/document/353794654/Universal-Credit-Report

Universal Credit -The conversation nobody is talking about


This is likely to be a very long blog and I make no apologies as this is important information we all need to get to grips with to survive.

 

Universal Credit (UC) is slowly being rolled out across the UK for some claimants , mainly single claimants and to be continued for couples. The legacy benefits that people are currently getting will eventually become Universal Credit,which runs a live programme (with gateway conditions) and a full rollout programme (no gateway conditions)alongside each other. Advisors will need to determine which is operating in their area and inform clients and explain in full their rights and eligibility. The fact that some will get hit hard  is just the scratch on surface to the vile and brutal conditions of the health & work programme which is incorporated within it. ESA Claimants in WRAG (Work Related Activity Group) will lose the £30 a week inline with JSA for new claims while others migrating will get transitional protection until they have a change circumstances,or appeal, then they will lose it. If you have a change of circumstances at present on ESA  in a UC area  you will be put on UC and stay on it you wont be able to go back to your legacy benefit. For those on ESA it you will continue be assessed via WCA (Work Capability Assessment ) as you are now, but support group will be required to engage with claimant commitment to continue to receive payment according to UC documents. The specialist employment programmes are likely to be part of this commitment if the work coach feels the claimant could move closer to labour market. This will be done via Health & Work Conversation with a Work Coach.

 

Framework The claimant is supported in this regime by use of their Commitment. The claimant agrees their Commitment and is required to alert Universal Credit to any upcoming unemployment and changes of circumstance. The claimant can be sign posted to relevant support depending on their circumstances.

Claimants in this regime may still need or require some support in helping them to move closer to the labour market. If this applies, flexibility exists to sign post claimants to non-funded voluntary support. Consider existing voluntary options in the local area.

 

Support groups claimants will also be hit by losing SDP (Severe Disability Premium) which is currently £62.45 a week for single people and £124.90 for couples unless someone gets Carers Allowance to help you then the single rate will continue,providing you get middle or high rate care needs. Carers too will be affected if they care for a disabled person

 

If other benefits are received, this may impact on the Universal Credit award. Some benefits are ignored whereas other benefits have a pound for pound impact on the Universal Credit award.

Other benefits Universal Credit should not be paid to claimants with enough income available from other sources to support themselves. Exceptions are where payments are received in respect of additional costs which the claimant has, for example disability benefits.

Claimants who receive other benefits in addition to Universal Credit are subject to the relevant Universal Credit Labour Market regime based on their relevant Universal Credit legal conditionality group.
Other benefits taken fully into account The following benefits are taken fully into account when calculating Universal Credit payments:  Bereavement Allowance  Carer’s Allowance  New style Employment and Support Allowance (contribution-based)  Incapacity Benefit  Severe Disablement Allowance  Industrial Injuries Disablement Benefit  New style Jobseeker’s Allowance (contribution-based)  Maternity Allowance  State Pension  Widowed Mother’s Allowance  Widowed Parent’s Allowance  Widow’s Pension

This means for each £1 received from these benefits, the Universal Credit payment is reduced by £1.

Any benefit, allowance or payment from a country outside the United Kingdom could also be taken fully into account, depending on the circumstances.

Pension Credit Universal Credit offers a signposting service for State Pension Credit (SPC).Claimants can find further information about SPC on Gov.UK. A benefit unit cannot be in receipt of both Pension Credit and Universal Credit. One of the basic conditions for getting Universal Credit is that a claimant must not be over the qualifying age for SPC.

This is called the Upper Age Limit.
Joint claim The Upper Age Limit doesn’t apply if the person over State Pension age is in a joint claim and their partner has not reached that age. Both adults are eligible for Universal Credit providing all other conditions of entitlement are met. The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime. Example: One adult in a couple is 57 and the other is 75. Both are able to claim Universal Credit together as a joint claim in the normal way.

Once Universal Credit Full Service is live nationally for all new claims, couples with only one person over the Pension Credit qualifying age will no longer be eligible for Pension Credit. This will ensure that the younger member of the couple has access to support to find work, if appropriate.

The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime.

So even some pensioners will be targeted as the above example illustrates. Also targeted are single parents .

 

This combined with the benefit cap now  and the family cap (2 child Rule) from 2018, will also face cuts to housing benefits via LHA being reduced with those in private accommodation hit by a new Bedroom Tax and Supported Mortgage Interest being turned into a loan will hit virtually impacting on everyone especially those who are in work too and off sick. The latter will now face 4 wks fit note and then a assessment to determine eligibility to top up benefits to SSP, and subjected to claimant commitment conditions. Those in exceptional circumstances such as Domestic Violence, etc will get the opportunity to ask for alternative payments arrangements so they are not left penniless by abusive partners. Nobody will be deemed exempt it seems, from the vile clutches of this ‘monster’ created by the government and these things need to be urgently addressed and with Brexit around the corner and prices rising already the poorest will most likely be affected the most. There are even two regimes to get people into labour market depending on your given  perceived status. one is Light Touch and the other is Intensive regimes. It is impossible to upload all documents which are many, but main ones are listed below as now is the time to plan ahead to help people understand how Universal Credit can affect you and your families understand the system to make sure you can understand what is expected of them.

One the many hideous things hidden in the Health and Work Programme is IAPT (CBT therapy) which will become compulsory as well as Troubled Families roll out, and targets to enforce therapy regimes on those who are obese, drink,drugs,smokers. Refusing to  take part in this mandatory requirement you will cease to be entitled to Universal Credit.Those considered in debt  and financially vulnerable will also be put forward to personal budgeting support advice where they will be judged and no doubt blamed for buying services that the nanny state deem expensive/unnecessary given the amount they have to live on. Health and Work Blog is linked below.

This Government has excelled itself in brutality towards claimants of social security,while convincing the populace of the UK that demonising the poorest is the acceptable norm and that they are fair game to be abused and they are not worthy as they are unable to contribute in same way a fit able bodied person , leading to further division. While this is not in depth Blog I have included relevant documents for download and uploaded a powerpoint to help people understand how they will be affected.

Anyone needing further advice can use the calculator link below to find out how they will be affected or seek proper advice locally and this blogger would urge people to check how you will be affected to prevent distress and income depravation.

http://www.entitledto.co.uk/benefits-calculator/startcalc.aspx

 

https://www.scribd.com/document/349604179/Housing-Costs-Private-Rented-Sector-v4-0

https://www.scribd.com/document/349604161/Housing-Mortgages-Previously-MQPs-v3-0

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349526820/hwc-claimant-booklet

https://www.scribd.com/document/349520880/Customers-With-Additional-Needs

https://www.scribd.com/document/352763377/Carers-V4-0

https://www.scribd.com/document/352763488/Universal-Credit-and-APAs

https://www.scribd.com/document/352764924/Personal-Budgeting-Support-Guidance

https://www.scribd.com/document/352765382/Labour-Market-Regimes-V4-0

https://www.scribd.com/document/352833624/Appointees-v4-0

https://www.scribd.com/document/352833674/Benefit-Cap-v3-0

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/352833773/Child-Maintenance-V1-0

https://www.scribd.com/document/352833815/childcare-costs-at-a-glance-v2-0

https://www.scribd.com/document/352833897/Health-Conditions-and-Disabilities-v5-0

https://www.scribd.com/document/352834778/Students-v5-0

https://www.scribd.com/document/352834943/UC-Monthly-Rates-v5-0

https://www.scribd.com/document/358512453/Warm-Up-Letter-v-2-0

https://www.whatdotheyknow.com/request/mandatory_psychological_treatmen

 

 

 

https://blueannoyed.wordpress.com/2017/02/10/the-health-work-programme-is-work-really-a-health-outcome/

 

 

UPDATES : More documents have been uploaded including the powerpoints below, Please also check out my blog on Dementia Tax , Cuts that will cut Deep blog also.

 

https://www.scribd.com/presentation/352840015/Universal-Credit

 

Further Updates Uploaded Documents (more to come yet watch this space!)

 

https://www.scribd.com/document/358512765/CPAG-Sanction-Disputes-and-Challenges-Conference-Notes-Sept2015

https://www.scribd.com/document/358512813/Martin-Williams-CPAG-Making-an-Exception-Slides

https://www.scribd.com/document/358512424/UC-Checklist-Applying

https://www.scribd.com/document/358512597/ESAHWC1-Invitation-Letter

https://www.scribd.com/document/358514059/Universal-Credit-for-Disabled-People-Carers-1

https://www.scribd.com/presentation/358512367/Emha-Uc-Presentation  – Housing

https://www.scribd.com/document/358514229/Appointees-v4-0

 

Labour Returns to It’s Roots


Corby with mos book

 

Without a right-leaning New Labour leader, there is now an opportunity for the Labour Party to represent the people it was originally created to serve, writes MO STEWART.

There is an entire generation in Great Britain who have no knowledge of the original Labour Party, who confuse Tony Blair as its former leader and who have no comprehension of the damage the New Labour Party created.

 

Three consecutive general election wins for Tony Blair when leader of the New Labour Party was, by anyone’s standard, a significant achievement.  Blair was the Prime Minister from 1997 to 2007, was the youngest British Prime Minister since 1812 and was to became the longest serving (New) Labour Prime Minister which is an achievement not easily surpassed.

 

However, there was a reason why the party was called ‘New Labour’ as it broke away from its traditional roots, and engaged with right-leaning policies not dissimilar to those of the previous Conservative government. Efforts to impress the middle class voters were at the expense of the Labour heartlands and the workers the original Labour Party was created to protect.

 

Blair claimed to want to move the Party to what he called the ‘centre ground’ which, in reality, created right-leaning policies, which were in opposition to traditional Labour Party values. Under his leadership New Labour reduced what had been historic links with trade unions, abandoned what had been the Labour Party’s commitment to nationalisation and supported Britain’s entry into the European Union.

 

His landslide victory over the Conservatives in the 1997 general election was impressive following eighteen years of Tory rule and, for a while, all was well.  However, the longer Blair served as Prime Minister the more right-leaning policies were produced. He made every effort to attract the middle class vote, whilst distancing the party from the working class and the trade unions, whose members stopped voting at general elections in their hundreds of thousands as no political party represented them.

Blair’s embarrassing devotion to all things American meant that the regularly claimed “special relationship” between America and Great Britain was reflected in foreign policy, as Blair took this nation into a war in Afghanistan in 2001 we had no business fighting, which was used to give the Republican President Bush the moral justification for American hostilities.

 

On the domestic front, it was the Blair government who commissioned David Freud to investigate welfare funding.  As a consequence of a totally discredited 2008 report by Freud, Blair’s successor Gordon Brown was the New Labour Prime Minister who introduced welfare reforms.  The reforms permitted an unaccountable foreign corporate giant to reassess welfare claimants using the entirely bogus American influenced Work Capability Assessment (WCA), and was no longer in charge by the time it became obvious that the use of the WCA would kill people.

 

Time has moved on and Jeremy Corbyn was elected as the leader of the Labour Party, for the second time, in September 2016.  Never in the history of the party has there been such relentless personal abuse by Labour MPs still loyal to Blair , but opposition to Corbyn from some Blairite Labour MPs couldn’t muster the support he attracted from the grassroots membership of the Labour Party, who elected him to office.

 

Corbyn has rejected the austerity measures employed by the Tories, which were always guaranteed to cause preventable harm to the most vulnerable people in society.  He has also rejected the neoliberal politics employed by the Conservative, the Coalition and the New Labour governments, which created a free-for-all in the world markets, which eventually led to a world banking crisis in 2008.

 

Whilst grotesque salaries were offered to the few, Cameron used the banking crisis to justify the introduction of austerity measures in 2010.  The sick, the disabled and the poor have all suffered the most as a direct consequence of the austerity measures, as tax breaks were given to the wealthiest people in the country and corporate giants were permitted to fail to fund corporate taxes.

 

Devotion to neoliberal politics, together with austerity measures and a vast reduction in funding for essential public services by the Conservative government has created preventable harm and vast inequalities. There has been a return of Rickets to Britain for the first time since the Second World War, together with increases in Tuberculosis, which are linked to the savage Conservative/Coalition government austerity measures which meant that the poorest and the most vulnerable would be often left without food.

 

The answer to that is the desperate need for food banks generously supported by the British public, school breakfasts begrudgingly introduced by the Tories to reduce adverse commentary, to be replaced by nourishing hot school lunches if Labour are returned to power in the 2017 general election.

 

As leader of the Labour Party Corbyn would never agree to commit British military forces to another war zone at the behest of the Americans. He will return rights to British workers, stop the university students being plunged into debt when attending university and has promised to stop the dangerous WCA which has been linked to the deaths of almost 100,000 people since 2011.  This, together with a guaranteed increase in funding for vital public services, including the NHS, the Police Service and the Fire Service would secure a much better and safer future for the British people.

 

It’s now twenty years ago since Blaire enjoyed a landslide victory against the Tories in 1997 and introduced New Labour to the unsuspecting British people. Twenty years later, it is possible that Corbyn could enjoy another significant victory over the Tories, and this time he would introduce a traditional Labour government to the British public.

 

All that is need is for a majority of adults to vote Labour in the general election on June 8th.

 

Mo Stewart is an independent researcher and retired healthcare professional. Her acclaimed book ‘Cash Not Care: the planned demolition of the UK welfare state’ was published in September 2016 by New Generation Publishing.

Tory MP Dismisses Disabled Activist Live on TV


Watch The  Video Here…..

//players.brightcove.net/624246174001/82f79524-152c-485f-bcb0-09197a216c87_default/index.html?videoId=5452010632001

 

Reblogged Article  Courtesy of  May Bulman -Independant Newspaper 29/5/2017

 

A Tory MP has dismissed a disabled woman on live television after she told him tens of thousands of disabled and sick people were dying every year due to cuts in health and social care.

Conservative MP Dominic Raab responded to an emotional address from Fiona, a disability activist from Aberdeen, in which she said she had known disabled people who and committed suicide, by saying it was “just a childish wish list” if there was not a “strong economy creating the revenue”.

During the open debate on the Victoria Derbyshire show, Fiona said disabled people were “fleeing” from England to Scotland where she said the devolved parliament was doing more to protect them.

“You’re all talking about numbers and money, and there is an ocean of suffering under that. Oxford University just released research showing that in 2015 in England and Wales alone there were 30,000 excess deaths caused by cuts to health and social care,” she said.

“Tens of thousands of disabled and sick people are dying every year. We are dying. There have been hundreds of suicides. I spent hours after the last general election trying to talk people out of killing themselves, and I didn’t always succeed.

“People are dying here and nobody cares. I have friends who have been helping resettle disabled people in Scotland because at the very least we have a Scottish parliament which is trying its best with limited funds to protect people against the worst of these cuts. People have been fleeing England for their lives.”

Fiona cited a study by Napier University that found the work capability assessment causes deterioration in people’s mental health and can lead to thoughts of suicide, adding: “It kills people. It is an act of violence and we are dying.

“This election is life or death for us. Anybody who votes for the Conservative Party, who are going to further these cuts, they are complicit in those deaths.”

In response to Fiona’s comments, Mr Raab said: “There are plenty of heart-rending stories here, and no one could be anything other than moved by it. We have put in 11,000 more doctors into the NHS, 12,000 more nurses. We have got a renewed focus on mental health and also making sure we’re trying to take the pressure off big hospitals in the manifesto.

“But the real truth is the money’s got to come from somewhere, and I can think of lots of things that I would like to avoid making difficult decisions on and lots of areas like the health service or schools that I want to put even more money in, but unless you’ve got a strong economy creating the revenue, it’s just a childish wish list.

“We’re trying to do our best to get the balance right between responsible public finances and investing in some of those crucial areas you discussed.”

Fiona responded by saying: “So you choose to sacrifice tens of thousands of disabled people, for the sake of that? This is the sixth richest country in the world. It is a choice that people make.

“In Scotland, we have a limited block grant, and they still manage to create a health service which functions, they still manage to create a care service which functions. And you are choosing to sacrifice us.”

It comes after Theresa May refused to rule out making further cuts to disability benefits in the next Parliament if the Conservatives are returned to government.

Asked by The Independent at a campaign event in Mansfield earlier this month whether she would rule out any further cuts to support, the Prime Minister responded: “If you look at what we’ve been doing on disability benefits, what we have done is look at focusing disability benefit payments on those who are most in need.

“In fact, we are spending more on disability benefit payments than has been done by any government in the past.”

 

Nobody is Unfit For Work Anymore


Reblogged from Black Triangle & DPAC

 

More background from Black Triangle Campaign’s sister organisation Disabled People Against Cuts: ‘Claiming ESA under Universal Credit: Nobody is unfit for work anymore’ Wednesday May 25 2017
What you will read may be very distressing for you, but we are looking at the worst-case scenario and identifying measures to help you and other claimants. It would be good to have some feedback on the Health and Work Conversations from people who have made an ESA claim. More we know about it, and more we can fight this.
What you should not do, is to decide not to claim ESA. That is what DWP wants you to do.
Some documents released by the DWP have shown the direction of travel in terms of claiming ESA under UC.
Under the old regime, a person wishing to claim ESA was placed in the ESA assessment phase, attracting the lowest ESA rate (JSA rate), and also no conditionality, and this until a Work Capability Assessment could decide whether the claimant was fit or unfit for work.
The Work and Health Conversation
Under Universal Credit, a person wishing to claim ESA will be first called for a Health and Work Conversation (HWC). This conversation is basically a Work Focus Interview, and is mandatory, which means that a claimant can be sanctioned for not attending. Attending does not only mean being physically present at the interview but also fulfilling all the requirements set by DWP for a WFI:
Regulation 57 of the Employment and Support Allowance Regulations 2008:
57.—(1) A claimant is regarded as having taken part in a work-focused interview if the claimant—
(a) attends for the interview at the place and at the date and time notified in accordance with regulation 56;
(b) provides information, if requested by the Secretary of State, about any or all of the matters set out in paragraph (2);
(c) participates in discussions to the extent the Secretary of State considers necessary, about any or all of the matters set out in paragraph (3);
(d) assists the Secretary of State in the completion of an action plan.
 (2) The matters referred to in paragraph (1)(b) are—
(a) the claimant’s educational qualifications and vocational training;
(b) the claimant’s work history;
(c) the claimant’s aspirations for future work;
(d) the claimant’s skills that are relevant to work;
(e) the claimant’s work-related abilities;
(f) the claimant’s caring or childcare responsibilities; and
(g) any paid or unpaid work that the claimant is undertaking.
(3) The matters referred to in paragraph (1)(c) are—
(a) any activity the claimant is willing to undertake which may make obtaining or remaining in work more likely;
(b) any such activity that the claimant may have previously undertaken;
(c) any progress the claimant may have made towards remaining in or obtaining work;
(d) any work-focused health-related assessment the claimant may have taken part in; and
(e) the claimant’s opinion as to the extent to which the ability to remain in or obtain work is restricted by the claimant’s physical or mental condition.
So the main difference with the previous regime is that people with a fit note from their GP saying they are not fit for work, will be (are being) called for a mandatory WFI.
They also will be asked to fill a questionnaire which is also mandatory and to undertake an optional exercise called My values. There will be another article specifically about the questionnaire
According to the DWP, some ‘vulnerable’ people will be exempted from this conversation. [1]
The DWP defines vulnerability as “an individual who is identified as having complex needs and/or requires additional support to enable them to access DWP benefits and use our services.” but has not yet released the guidance given to Work Coaches on who will be exempted from the HWC. As these conversations have already started, this guidance exists and should be released immediately by the DWP.
Unfortunately, based on the DWP ghastly track record, it is likely that pressure to attend will be placed on people unable to attend because of their health conditions. DPAC has already encountered a case of a person with mental capacity issues and a life threatening health condition being requested to attend a HWC.
After the Health and Work Conversation
Unlike under the previous regime, when ESA claimants with a GP fit note saying they were unfit to work were not expected to fulfil any work related requirements until a WCA said otherwise, ESA claimants under UC will be by default assumed to be fit for work and expected to fulfil all Work Related Requirements until their WCA . [2]
Claimants to whom the All Work Related Requirements apply:
claimants who have a fit note and are awaiting a WCA claimants who have been found not to have limited capability for work at the WCA and are appealing against this outcome
claimants who have some paid work but are earning below conditionality earnings threshold claimants who do not fall into any other group
What All Work Related Requirement means:
Claimants in this group must be available for full-time work of any type and look for this within 90 minute travelling time from their home. Restrictions can be applied to looking for work, the type of work and hours of work where it is appropriate due to the claimant’s capability and circumstances.
Claimants must be engaged in work search and work preparation activities for at least the number of hours they are available for work. Claimants must take all reasonable action to obtain paid work.
Work Coaches must set work search activities for the claimant to search for work for their expected hours (This is the number of hours that the claimant is available for work or 35 hours, whichever is the lower figure) less deductions from this for the allowable time spent undertaking agreed work-preparation activities , voluntary work and paid work.
Only one restriction for people with health conditions is mentioned in the document: claimants who have a fit note will not be required to take up work that they are not capable of doing until their fit note ends
Any other derogation to the All Work Related Requirements will be at the discretion of work coaches. For most claimants, work coaches will not have more medical information than the fit note (the diagnosis) or in some cases, the WCA outcome when they have not be found to have Limited Capability for Work and Work-Related Activity, and they should not be able to ask claimants for this kind of information without breaching the Data Protection Act. These work coaches are also not medically trained. Any Work Related Requirement will be based on the diagnosis, and on what the claimant would have told them during the HWC conversation and in the questionnaire. Also based on that, claimants would have to complete an action plan and sign a claimant commitment. Failure to do so could result in a sanction.
This is deeply worrying because:
1) an extra step is introduced before the WCA which is already stressful enough
2) all claimants assessed by their GP as unfit for work, will be considered by default fit for work by the DWP.
3) work coaches are medically untrained and unable to comprehend whether a work related requirement can have a detrimental effect on the health of a claimant
4) GPs medical judgement is undermined by medically untrained staff.
5) DWP definition of ‘vulnerable’ may be so restrictive that some claimants with very serious health conditions could be requested to attend a HWC and sanctioned for failing to do so
Additional Things I have since found:

Academic confirmation we have all been waiting 7 years for- AYLWARD’S REPUTATION DESTROYED BY ACADEMIC EXCELLENCE


hqdefault

 

 

 

 

 

 

 

 

 Courtesy of Mo Stewart July29th 2016

Re: Blaming the victim, all over again: Waddell and Aylward’s biopsychosocial (BPS) model of disability.

by Tom Shakespeare, Nicholas Watson and Ola Abu Alghaib

 

Critical Social Policy, May 25,2016: 0261018316649120

http://csp.sagepub.com/content/early/2016/05/25/0261018316649120.abstract

AS you all know, I have been exposing the dangerous WCA in my research since 2009.  Eventually, I was able to expose the use of the totally discredited biopsychosocial (BPS) model of assessment, used for the WCA and adopting a ‘non-medical’ assessment model to resist funding benefit.  Waddell and Aylward’s ‘research’ was based on the modified version of Engel’s BPS model as identified in the 1970s. They are responsible for the BPS model used for the WCA, which has destroyed countless lives.

 

Finally, the very long awaited academic support has arrived in the form of a blistering attack against Mansel Aylward and Gordon Waddell’s research ‘evidence’ who, historically, have written DWP ‘commissioned’ research that has influenced government policy, which led to the introduction of the WCA.

 

Originally published in Critical Social Policy Journal, Tom’s scathing attack against the BPS duo is now attached and is available via Tom’s website at UEA: https://ueaeprints.uea.ac.uk/58235/1/1351_Shakespeare.pdf

 

The Waddell-Aylward BPS has remained largely unexamined within academic literature, although it has not escaped critique by disability activists (e.g. Jolly 2012, Berger n.d., Lostheskold 2012, Stewart 2013). In this paper we build on these political challenges with an academic analysis of the model and the evidence used to justify it. We outline the chief features of the Waddell-Aylward BPS and argue that, contrary to Lord Freud’s comments above, there is no coherent theory or evidence behind this model. We have carefully reviewed claims in Waddell and Aylward’s publications; compared these with the accepted scientific literature; and checked their original sources, revealing a cavalier approach to scientific evidence. In conclusion, we will briefly outline the influence of the Waddell-Aylward BPS on contemporary British social policy, and the consequent effects on disabled people.” (p4) (My emphasis MS)

 

Waddell and Aylward slide between general statements that are scientifically valid, and specific statements that are matters of opinion or political prejudice. They also tend to cite their own, non-peer reviewed papers extensively. For example they claim ‘We have the knowledge to reduce sickness absence and long-term incapacity associated with common health problems by 30–50%, and in principle by even more’ (2010, 45). They underpin this claim by reference to one of their earlier publications, Concepts of Rehabilitation for the Management of Common Health Problems (Waddell & Burton 2004). However, there is no evidence cited in this 2004 work to support such a claim, in fact this publication even acknowledges the paucity of evidence in this area (Waddell and Burton 2004; 50).” (p20)

 

“In conclusion, the relationship of the advocates of the Waddell Aylward BPS to the UK government’s ‘welfare reform’ does not represent evidence-based policy. Rather, it offers a chilling example of policy-based evidence.” (p24)

 

The research ‘evidence’ used by the DWP to justify the dangerous WCA, using the discredited BPS model, is finally exposed as having ‘no coherent theory or evidence behind this model’, which is academic speak for being totally bogus.

 

 

%d bloggers like this: