Replacement of disability living allowance headline news for hours

The replacement of DLA with PIP was the main story all morning until cruelly kicked from the headlines before the evening news. Here are some collected clips and links.

Steven Sumpter on Sky News – Video (Main headline all day)

Steven Sumpter on LBC Radio at 08:05


Margo Milne on LBC Radio at 08:15


Sue Marsh on 5 Live at 09:05


Sue Marsh on Radio Leeds at 09:50


Steven Sumpter, Ema, Kaliya Franklin and Sophie Christiansen on 5 Live at 10:35

With Stephen Duckworth of Capita


Rebecca on on BBC WM

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The Guardian - Three disabled claimants launch legal action against new mobility tests

The Independent - Ed Miliband attacks ‘nasty’ George Osborne as DWP faces court challenge over benefit reforms

Ed Miliband criticised the government’s welfare policies but still fails to understand what went wrong with the work capability assessment

Sue Marsh has attempted to combat some of the lies the government tell about DLA

I’m one of three people taking legal action against the DWP over the PIP consultation

Bedroom Tax and ESA in the news 31/03/2013

Sue Marsh talked to LBC radio at 20:00 about the people dropping their claim for ESA before their work capability assessment.

Alternative player:

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Sue also talked to Sky News at 15:30.

Owen Jones discussed the Bedroom Tax with Robert Oxley of the Tax Payer’s Alliance on Sky News at 17:30

Lisa Egan talked about ESA on Radio 5 Live followed by Grant Shapps.

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Trialia Hall debated the bedroom tax with Edwina Currie on Radio 5 live at 23:20 30/03/2013

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Do I really have to say why workfare is wrong?

Workfare Times cartoon

Workfare replaces paid jobs with unpaid labour

“Did you know we could offer you free, temporary staff for four weeks?”

- Previous advertising material from JHP Employability.

“After the 6 weeks were up the manager asked him if he would like to stay on for some extra weeks, my friend asked ‘with pay’? The manager said why would he pay him when he can pick the phone up and get more unemployed people who have to work for nothing”

- Comment on Guardian CIF about a work placement with Tesco

“Stores such as Argos, Asda, Superdrug and Shoezone made use of the government’s workfare schemes to meet their seasonal demand, instead of hiring extra staff or offering overtime.”

- red pepper: Workfare: a policy on the brink

Workfare keeps wages down for those still in jobs.

“It’s obvious that workfare workers are replacing paid jobs – pushing our low-wage economy down towards a no-wage economy.”

Natalie Bennett - Leader of the Green Party

Workfare is literally worse than useless

“5 per cent of long-term unemployed can be expected to find jobs for six months if left alone to do so.

Successful six month employment rate during the first year of the Work Programme was just 2.3 per cent, significantly below the target of 5.5 per cent.”

Telegraph: Iain Duncan Smith’s Work Programme ‘worse than doing nothing’ (The Work Programme includes work placements.)

Workfare subsidises big business

Instead of paying wages that contribute taxes and spending back into the economy, big companies like Tesco and Poundland benefit from free labour while continuing to keep the workers reliant on benefits at our expense. That money goes straight into shareholder’s profits.

Workfare does not provide the training that it is meant to

Work experience schemes are meant to provide training for future jobs. Instead we have people with extensive education toward a chosen career being sent to stack shelves and sweep floors which does not further them in the career they have trained for at all. Even when a person expects to find work in retail, four weeks experience in shelf stacking is hardly a necessity to do the job in future. In most cases little or no training is being given and the work placement consists only of manual labour.

Workfare exploits sick and disabled people

People who receive Employment Support Allowance and are placed in the Work Related Activity Group can be sent on The Work Programme or Mandatory Work Activity. Charities such as Sue Ryder, The Conservation Volunteers and The Salvation Army are fully aware of that, even enthusiastic, although TCV has now announced it will not force people on ESA to volunteer(!) and Sue Ryder has pulled out altogether.

“How can we morally take sick and disabled people and force them to work?

At The Salvation Army, we have a history of believing in emancipation through employment. People who come for work experience with us are fully supported throughout their placements with help tailored support to their needs.”

- The Salvation Army, in a comment on Facebook

“Arbeit Mach Frei”

- The Nazis

Workfare is costing poor people money they don’t have

People sent on work schemes are having to pay for transport to get there without any extra income. Sick and disabled people are often being hit particularly hard by transport costs as they are too sick to use the bus or train and end up paying for taxis to avoid having their benefits cut.

Workfare is damaging the health of sick and disabled people

People in the Work Related Activity Group on Employment Support Allowance are not fit for work, they are considered to potentially be fit for work at some unknown point in the next few years. And yet they can be sent to work nearly full time (30 hours) for several weeks. Of course it’s going to damage their health.

Workfare doesn’t create new jobs, only changes who might be in a job.

If there aren’t any jobs being created then all workfare does is give the employer weeks of free labour from one or more people before they employ someone, if they even need to.

Workfare doesn’t pay wages

“A fair day’s wages for a fair day’s work”

- the least that an employee should demand.

Whatever you think of workfare, retroactive laws are wrong

IDS - "We've heard enough of you"

“We’ve heard enough of you.”

Iain Duncan Smith is rushing a bill through in just one day that will retroactively change the law to undo a court judgement against the government.

Even if you don’t believe that it is wrong to send people to work unpaid for large profit-making companies under threat of loss of benefits, the idea that the government can change the law in the past should terrify you. Human rights law includes the idea that a person cannot be punished for something that was not illegal until after the act, although no doubt the department of work and pensions will claim that sanctions that remove benefit are not punishment despite the name “sanctions”. A government that will change the law in the past at will is a government that is out of control and has no limits on the damage that it can do.

Iain Duncan Smith and the DWP must be aware that their actions will contravene human rights law. From the explanatory notes:

“The Government considers that Article 6 is not engaged at all since the claim to entitlement to benefit, and any dispute regarding a benefit decision thereon which would require access to the courts, remains hypothetical.”

Strangely, despite considering article 6, the right to a fair trial, the government don’t even mention article 7, which guarantees rights against retroactive punishment. They could try to argue, as quoted above, that entitlement to benefit is hypothetical and therefore sanctions are withdrawal not punishment.

It is an affront to democracy and justice too to rush a bill through in one day so as to apply it without proper scrutiny before any appeal reaches the court and the government required to repay those who were subject to illegal sanctions.

To change the law for the future is one thing, but to try to reverse a lawful decision by the court against the government for the sake of £130 million, a drop in the ocean for welfare, looks like a childish hissy fit by the work and pensions secretary. His action undermines the rule of law and destroys what little respect people may have left for MPs.

parliament.uk: Jobseekers (Back to Work Schemes) Bill 2012-13

DWP: Jobseekers (Back to Work Schemes) Bill Impact Assessment [PDF]


Update 19:25

The government rushed through the second reading, committee stage (no ammendments) and third reading in one afternoon. The final vote passed the bill by 263 to 52. Labour’s official policy was to abstain, although about forty Labour MPs voted against it. There were some very impassioned speeches in particular from Iain Lavery and John McDonnell who even recommended looking at the Boycott Workfare website.I have uploaded videos of those speeches and included them here. They’re worth a watch.

Bedroom tax: just stop smoking and drinking says housing association

Eastlands homes newsletter about bedroom tax The latest issue of Streets Ahead, the newsletter of housing association Eastlands Homes in Manchester has this advice on dealing with the bedroom tax.

“Can you really afford Sky, cigarettes, bingo, drinks and other non essentials? If your benefit is being cut and you want to keep your home you have to make up the difference. Non-essential items won’t matter if you lose your home. Start budgeting now – we can help you do this, call us!”

This is outrageous for several reasons. It implies that all social housing tenants are unable to budget and will put those things first. It implies that they need things explaining to them at such a patronising level. It assumes that people on benefits are feckless and stupid rather than unlucky. It refers to cutting out everything nice in your life as “budgeting”. It assumes that people even could afford those things in the first place without scrimping and saving. It assumes that no person on housing benefit should ever have even minor luxuries, the tiniest of nice things. That poor people should sit in a corner, shut up, stare at the wall with no TV on it, never go out socially, and wait for their miserable existence to end.

I want to see an apology and a retraction from Eastlands Homes for this insulting language and perpetuating of stereotypes.

Eastlands Homes are on Facebook and Twitter.


Update 2013-03-18 13:30

Eastlands Homes have put out an apology of sorts. Unfortunately it’s a “sorry if you were offended” which implies it’s your fault rather than a “sorry we got it wrong”.


We’re sorry. An article in our customer newsletter has caused some offence. Read our statement here: http://t.co/GoIjJMyiFB
@EastlandsHomes
Eastlands Homes

An Apology

18/03/2013

We’re sorry if our article offended you.

We’ve lobbied continuously against the government cuts which threaten the quality of life for many of our customers. We’ve increased the range of support and advice for anyone struggling in the face of these cuts as you will see from our newsletter.
We know there will be stark choices – our message is that we are here to help wherever possible and we’re sorry if we worded that clumsily.

The offence isn’t caused by their wording. The offence is caused by the whole view that they have of their tenants that their statement betrays.

Confusion over the Bedroom Tax

There appears to be some confusion over a possible rethink of the Bedroom Tax. It seems that Iain Duncan Smith has told BBC News home editor one thing, while his department SPADs are claiming another. It shows just how bad things are in government. It seems to be chaos, with policies announced on the fly and ministers and departments contradicting each other.


Welfare Sec Iain Duncan Smith tells me DWP “looking again” at how so-called bedroom tax affects disabled people. @ at 6.
@BBCMarkEaston
Mark Easton


IDS says he wants to look again at under occupancy charge for couples who can’t share a bedroom because one is disabled.
@BBCMarkEaston
Mark Easton


IDS says problem changing rules for couples who cannot share is ‘how do you identify someone in that situation?’ But cd happen by Apr
@BBCMarkEaston
Mark Easton


No change in spare bedroom policy. As with all reforms, we will monitor closely as it comes in this April.
@dwppressoffice
DWP Press Office

 

BBC News: ‘Bedroom tax’ rules re-examined

What is the bedroom tax?

Iain Duncan Smith: “There is no bedroom tax”

Iain Duncan Smith: There is no bedroom tax

“There’s no such thing as the bedroom tax. It’s nonsense. There is no bedroom tax.”

- Iain Duncan Smith.

I believe that the Under Occupancy Penalty is a tax. It will deduct 14% or 25% of a household’s rent from their housing benefit if they have a spare bedroom and live in social housing.

Tax is defined as:

“A compulsory contribution to state revenue, levied by the government on workers’ income and business profits or added to the cost of some goods, services, and transactions”

The bedroom tax for many people is impossible to avoid since there are few available one bedroom homes. Money that is deducted from housing benefit as a penalty for having a spare bedroom will contribute to government. Housing benefit is income. (Albeit income that is all passed on to the landlord to pay rent.) I believe that the under occupation penalty fits the definition of a tax.

In any case, it does not matter what the government choose to call something. The community charge will forever be the poll tax. Enforced unpaid work for benefits is always referred to as workfare despite the best efforts of the DWP. In two hundred years the under occupancy penalty will still be known as the bedroom tax and will be seen in history alongside the window tax.

What is the bedroom tax?

Iain Duncan Smith slips up: “She was paid jobseeker’s allowance to do this”

IDS the puppermaster

Illustration by @dochackenbush

Iain Duncan Smith was interviewed on the Andrew Marr show today. He made some telling statements.

“I understand she said she wasn’t paid. She was paid jobseeker’s allowance, by the taxpayer, to do this.”

Funny, the government have always said that this wasn’t a work-for-your-benefits scheme but IDS seems to think it is.  In fact, the official response by the DWP to a petition to abolish Workfare said:

“We do not have Work for Your Benefit or Workfare schemes in this country.”

Furthermore, in a response to a Freedom of Information request the DWP said:

“Benefit is not paid to the claimant as remuneration for the activity. “

They continue:

“Instead, performing it is one of a number of conditions which may have to be fulfilled by the claimant in order to be paid Jobseeker’s Allowance.  The relationship between the claimant, the Secretary of State for Work and Pensions and any third parties involved in providing the activity is not one of employment.”

In my opinion that is a serious mistake by IDS. If, as IDS says, benefits are being paid as wages for work experience schemes, then it I suspect that it breaches minimum wage laws. If they are not, as officially claimed by his department, then we have forced unpaid labour. I thought that people paid National Insurance in the expectation that when people needed help they would be supported. Having to work for it is a breach of contract.

“I’m sorry, but there is a group of people out there who think they’re too good for this kind of stuff.”

People don’t think they’re too good for shelf stacking, they think they’re too good for shelf stacking without receiving a fair wage for it. Is “A fair day’s wages for a fair day’s work” really a controversial statement in the 21st century?

“Who is more important – them, the geologist, or the person who stacked the shelves?”

Every person is important, including shelf stackers. Geologists are pretty important especially in the oil industry.

“Let me remind you that [former Tesco chief executive] Terry Leahy started his life stacking shelves.”

He was paid for it!

BBC News: Duncan Smith: Shelf-stacking is more important than geology

My thanks to @A11_Seeing_Eye and @Spoonydoc for help with this article.

UPDATE

Iain Duncan Smith was interviewed by James O’Brien on LBC who put the question of remuneration to him. Listen:

DWP work schemes found illegal

The Court of Appeal has ruled today that the Department of Work and Pensions back-to-work schemes are illegal because the regulations that Iain Duncan Smith created to allow the schemes overstepped the law. (An act of Parliament allows for regulations to be created to specify the detail of the law, these regulations went further than Parliament had allowed for.) The court did not find that the schemes violated article 4 of the Human Rights Act, nor did it find that the concept of making people undertake work experience to increase employment prospects would be a problem were it in an act of parliament. Since these work schemes have been proven to actually reduce employment prospects, however, it is possible that the schemes may yet be found to violate human rights.

Public Interest Lawyers explain the judgement:

“The Court found that the Secretary of State, Iain Duncan Smith, has acted beyond the powers given to him by Parliament by failing to provide, any detail about the various “Back to Work” schemes in the Regulations. The Government had bypassed Parliament by introducing the Back to Work schemes administratively under an “umbrella” scheme knwons as the Employment, Skills and Enterprise Scheme, claiming the need for “flexibility’. The Court of Appeal held that this was contrary to what Parliament had required.”

Paragraph 63 of the judgment criticises the information given to the benefit claimants. I have covered this in previous blog posts (Mandatory unpaid work – the evidence) where I explained that letters sent out state clearly that the work experience is not optional and will result in sanctions while DWP ministers have simultaneously appeared on TV to claim that the work is voluntary and that they have not forced anyone.

Public Interest Lawyers also tell us that:

“The effect of the judgment is that all those people who have been sanctioned by having their jobseeker’s allowance withdrawn for non-compliance with the Back to Work Schemes affected will be entitled to reclaim their benefits. And until new regulations are enacted with proper Parliamentary approval nobody can be compelled to participate on the schemes.”

The two people who brought this case were made to take part in Sector based work Academies and in the Community Action Programme. I do no know whether this judgement affects Work Experience arranged either by the Job Centre or as part of The Work Programme however it does not affect Mandatory Work Activity, which remains legal. It should be noted that some people who refused to co-operate with “voluntary” work experience were referred to Mandatory Work Activity as a result which allowed for sanctions, but this was not covered either.

In a written statement today Minster for Employment Mark Hoban MP said:

“Whilst the judgment supports the principle and policy of our employment schemes, and acknowledges the care and resources we have dedicated to implementing them, the Court of Appeal has ruled that the Jobseeker’s Allowance (Employment, Skills and Enterprise) Regulations 2011 (“the ESE Regulations”) do not describe the employment schemes to which they apply, as is required by the primary legislation. The Court of Appeal has therefore held the ESE Regulations to be ultra vires and quashed them.”

The government has been refused leave to appeal by the Court of Appeal but despite this they have announced that they will appeal to the supreme court to have the judgement overturned. Job Seekers who have been sanctioned by the DWP will not be able to appeal to the DWP for the repayment of their benefits until this has finished. Worryingly the minister also stated that the DWP are “considering a range of options to ensure we do not have to repay these sanctions.” This suggests to me that there will be a hastily enacted act of Parliament to move the scheme from regulations into law, but even then I cannot see how it could be retroactive.

Further Reading

The lawyers: Court of Appeal Rules that the Government’s “Back to Work” Regulations are Unlawful and Must Be Quashed

The Judges: Full judgement of the Court Of Appeal [PDF]

The DWP: Written Ministerial Statement: Judgment in Wilson/Reilly case [PDF]

The regulations: The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011

The Guardian: Graduate’s Poundland victory leaves government work schemes in tatters

Telling the full story of benefit changes

Mainstream media has shown very little interest in covering the coming changes to benefits and the impact that this will have. There is an occasional segment on TV news and a few more newspaper articles but even after two years of campaigning few people realise what is actually happening. The common reaction is disbelief and accusations of scaremongering and exaggeration.

My idea is to create an hour long documentary film using all the professional tricks to make it compelling and informative so that it conveys the full impact of the changes hitting people who live on benefits, whether unemployed, disabled or low-income. It would use personal stories, graphics, commentary, interviews and music to tell the story. The film does not have to convey a political message, only the reality of the changes. Any positive changes that can be found should be included too. I believe that even if made as unbiased as possible the film will be devastating in its message.

To get mainstream appeal the film could be narrated by and feature interviews with celebrities, with well-known paralympians potentially being the best choice but others too.

While a spot on television would be the ideal, these days a film on YouTube can get millions of views – potentially more than would see on TV. An online campaign using very short clips and hashtags could attract viewers. To raise the chances of it being seen on TV a ten minute version could be made using materials from the full version and sent to TV stations everywhere.

I’ve noted some of the steps that I think will be required. They’re not necessarily in any particular order.

  • Find a suitable name and some introductory branding
  • Create a website for the film
  • Crowdsource a list of all benefit cuts, eligibility reductions, care and service cuts and the impact of all this.
  • Start an awareness campaign on social media to get people involved.
  • Ask people to submit short clips through Vine and YouTube telling their stories and what they expect to happen. Clips can be recorded with smartphones or webcams. Gather these clips under a hashtag on twitter.
  • Raise funds through donations  for travelling to record interviews.
  • Interested parties meet to discuss content. Further meetings where appropriate in later steps.
  • Record interviews with celebs.
  • Follow up personal stories for better recordings.
  • Create graphics and animations to explain the changes.
  • Edit together a draft version of the film.
  • Record narration of the changes.
  • Create transcripts and subtitles.
  • Meet up physically and make a final version of the film.

This is all very much at the ideas stage, please comment with your views, suggestions, offers of help etc. Lets make this happen!

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